Attorney for Children in Colorado Springs Divorce Cases

Need for a children's attorney in Divorce cases

Frequently in divorce cases, the conflicting interests of the parents don't always tend to the best interests of the child. Colorado law however, places the child's well being on a higher level than that of either parent. Sometimes, one or both the parents realize that the child's future is in jeapordy because of the divorce and want to take corrective measures.

In consultation with a Colorado Springs Divorce attorney, it's possible for either spouse to petition the court for a legal represntation for the child. The function of this attorney will be to look out for the best interests of the child or children. The scope of the issues that this special legal attorney will represent covers all aspects of the case such as child custody, the child's property, parenting time and more.

There are special codes of conduct set forth for such attorneys. Among other things, they cannot be called as a witness. Finally, he or she isn't compelled to implement the wishes of the child and is expected to make up their own judgement about what is in the child's best interests.

With regard to the costs of the children's attorney, the court will start by trying to apportion the expense between all the responsible parties. In case the court isn't able to do this because of financial incapacity, the state will instead bear the necessary expenses.

Special considerations

It's important to note that though the child is represented, he or she can't participate in the proceedings through the attorney. A client/attorney relationship isn't the same as the relationship between attorney and adult for the simple reason that the child isn't qualified to make legally binding decisions. Also when the attorney is appointed by the state as a Guardian Ad Litem (GAL), it can't be simply due to the inability of the two spouses to communicate with each other.

Consulting a Colorado Springs Divorce Attorney

When deciding whether or not to request the court for a children's attorney, you must take the advice of your own divorce attorney to determine the best course of action. Our Clawson & Clawson lawyers are well versed in these matters and we will be able to look out for the best interests of your child as well as representing your position in a cogent and clear manner. Contact us for a free consultation.