10 Situations That Require A Child Attorney
Children also have rights that need to be protected. They can have lawyers who will represent them in conflicts between parents or when they need special protection from either abuse or neglect.
Older children may want to express themselves personally to a judge, but those who are too young to give their opinion can have lawyers appointed to represent them. As a parent, you can protect your family, especially your children, by making sure they’re safe all the time.
The following are some situations that call for a child attorney either directly or indirectly:
- Guardianship
Guardianship is the role assumed by an adult in the life of a minor just as the minor’s parents would. The guardian assumes parental responsibilities and will make personal, medical, and financial decisions on behalf of the minor. The guardian will be responsible for the minor’s welfare and property. Guardianship can either be full guardianship or limited. A full guardianship will give the guardian full powers to make decisions over the minor. A limited guardianship, meanwhile, is granted when the minor can make most of the decisions on his own but needs help with more complex issues.
When seeking guardianship orders, you’ll need a guardianship attorney. This attorney will provide guidance and make you understand the minor’s rights as well as yours. The attorney will also help you understand your obligations as a guardian and help you with the necessary paperwork.
- Adoptions
To get the legal custody of a non-biological child, you’ll have to go through the adoption process. This process will enable parental rights and responsibilities to be transferred to you as an adoptive parent and is usually a lengthy one.
Once you identify the child you want to adopt, you’ll be required to sit through interviews by employees of state agencies or social workers. The interviews will gauge your ability to live with and care for the child. Your bank statements, state of mind, and ability to provide shelter for the child will be checked. Your background will also be thoroughly investigated. On top of all that, you’ll still be required to fill out various documents relating to the adoption.
Having an attorney from the onset of the adoption process can save you time and put you in a better state of mind to handle all the requirements. The lawyer will expedite the process, help you understand your role as an adoptive parent, advise you on how to handle interviews, and represent you in court during the adoption hearing.
- Paternity
Paternity pertains to the relationship between a father and his biological or adopted children. This involves:
- The father’s rights and obligations to the children;
- A child’s issues concerning legitimacy and inheritance;
- The right of a child to use the father’s name; and
- The child custody claim in case of divorce or separation.
The father of a child can seek a paternity test for a child born to a woman he is not married to, just to be sure he is the biological father. He may do this if he wants to establish a relationship with the child. A woman may also file a petition in court to prove that a man is the biological father of a child if she wants the father to have a relationship with the child. She can also do this to get the man to support his child.
Nowadays, solving paternity issues can be conclusively resolved through a paternity test. This will involve filing petitions, signing affidavits, and court sessions. An attorney conversant with paternity matters will help you through the relevant process and also represent you in court.
- Child Protection
All children have the right to be protected from violence, exploitation, and abuse. When suspected to be neglected or abused, a child is usually taken away from that environment and placed under child protection. The child may be removed for a long time or even permanently, depending on the extent of abuse or neglect. Child protection involves investigations and court sessions.
In such matters, child attorneys act for the children and assist with hearings and court proceedings before juvenile courts.
- Surrogates
People consider surrogacy for various reasons, but the main reason is the inability to conceive due to health issues. Having someone else carry a pregnancy for you comes with complex legal issues. Moreover, the term ‘parent’ in the current world keeps evolving, so you’ll want your interests taken care of. For instance, a surrogate mother might claim parental rights over the child that she’s carrying.
To protect your rights and that of the child you’re expecting, you’ll need to hire an attorney who’s conversant with reproductive law. The attorney will help you write a surrogacy contract with clear terms on each party’s obligations and rights. A contract will also capture unforeseen issues that may arise during the pregnancy and after birth.
- Juvenile Crime
Like adults, minors may commit a crime either knowingly or unknowingly. Juvenile crimes, such as vandalism, shoplifting, or even rape, murder, or being in possession of weapons, are prevalent in today’s society. Even though minors get a less severe punishment for crimes committed, they still have to face the law as a result of their actions.
In such instances, a juvenile defense attorney will represent the minor in court. The attorney will defend the juvenile and try to negotiate for lighter charges. Depending on the crime committed, the juvenile attorney may also plead for the minor to be released to the custody of his or her parents during the pendency of the case.
- Child Custody And Visitation
A separated or divorced couple may each contest for the custody of a child. It’s only natural for a parent to feel that his kid will be better off with him. However, after considering many factors, courts end up awarding custody to the parent they feel will be better placed to take care of the child’s interests. The other parent is often left with the option of visitation. Sometimes, even visitation rights are contested, especially in cases where one of the parents is abusive.
The parent who does not have physical custody or child visitation rights may need an attorney. The attorney will try and work out a reasonable visitation plan for both parents. Visitation can be unsupervised, supervised, or even virtual, depending on the circumstances.
- Child Support
Child support or maintenance is money usually paid by a parent for a child. The same is made after a separation or even where a relationship between the parent and the child never existed. Because the law recognizes both parents as caregivers to a child, they’re both obligated to support the child. They should ensure that the child has enough to eat, clothes to wear, and a safe place to live. Parents should also provide medical, financial, and emotional support to the child. It doesn’t matter who the child lives with, but both parents have equal responsibility.
Unfortunately, one of the parents may neglect the obligations toward supporting the child. So, the other parent may seek the help of an attorney to compel the defaulting parent to pay child maintenance. Attorneys can also help in modifying the payment amounts to already existing plans.
- Dog Bites
Dogs are known to be man’s best friend. They provide love and protection to families. However, neglected and poorly trained dogs can pose danger, especially to children. A dog can attack and bite a child, as it can easily misinterpret an uncertain behavior as a threat.
Children’s dog bite injury attorneys will ensure that your child is compensated for the sustained injuries. Moreso, if the dog owner knew that it is aggressive but did not warn about it, the attorney will see to it that the aggrieved party will get the justice it deserves.
- Discrimination In School
Every child has the right to education in a free and conducive environment. However, some children face discrimination from their peers, teachers, or other people in school. Some schools that don’t have strong anti-discriminatory rules expose the students to a hostile environment that attacks their gender, disability, or race.
If your child has been discriminated against in school, a school discrimination lawyer can help you deal with the situation by communicating with the school administration to remedy the situation. The lawyer will provide ways to the school administration on how the student will be kept safe in school and how special education issues will also be addressed. Your lawyer will look for loopholes that need to be handled in the school governance and point out to the school administration what constitutes a student violation.
School discrimination lawyers can also represent students who feel that they’ve been expelled or suspended due to discrimination.
Conclusion
It’s always better to seek the services of an attorney when dealing with legal issues that concern children. An attorney that is conversant with and has a proven record of a specific issue will be the most preferred. In doing so, you’ll be sure that the child’s interests will be prioritized.
