Getting a Lawyer Appointed for Your Child: Divorce, Custody or Visitation Cases

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September 2006

This booklet can help you if: there is a divorce, custody or visitation case pending in a Connecticut court, AND you and the other parent disagree about custody or visitation rights.

IF you have no current case in a Connecticut court and want to file for divorce but you don't have a lawyer, see the court's book, "Do It Yourself Divorce Guide."

IF you want to change a current custody or visitation order, you need to file at the court a Request for Leave (JD-FM-202) along with a Motion for Modification (JD-FM-174). These forms are available at the court and on the State of CT Judicial website (www.jud.ct.gov). (See the legal aid pamphlets, How to Modify Custody Orders and How to Modify and Enforce Visitation Orders).

IF your child is involved in a Juvenile Court case (abuse/neglect, delinquency or Family with Service Needs), he or she will automatically get a lawyer appointed by the judge or you can hire one.

Does your child need a lawyer?

The first thing to remember is this: You have the right to ask a judge to appoint a lawyer for your child. The judge will decide if a lawyer will be appointed or not. If you and the child's other parent agree on everything concerning custody or visitation of the child, you won't need to ask for a lawyer for your child. But, you may want to ask for a lawyer for your child if:

you and the other parent disagree on custody or visitation; or
you are concerned about the safety of your child, child abuse, or domestic violence, etc.; or
there is a question about the child's paternity.

A judge may also appoint a lawyer without either party requesting one or he/she may send the case to Family Relations for an evaluation. (See the legal aid pamphlet, Custody Disputes.)

What would your child's lawyer do?

The judge will appoint a person who is a lawyer as either attorney or Guardian-ad-litem (GAL). Ask the judge which one will be appointed for your child.

If the lawyer is appointed as "guardian ad litem" (GAL), he or she will tell the court what he/she thinks is in the best interests of a child.

If the lawyer is appointed as "attorney", he/she will work in court to represent what your child wants. The "attorney" has a dual role-- not only to represent the wishes of the child but also to serve the best interests of the child. The attorney will usually take more of a GAL role if the child is very young and more of an advocacy role if the child is older.

In either role, the goal of best interests of the child is sought. Each may make recommendations to both sides about how to resolve the conflict to meet the child's needs and/or wishes.

NOTE: In this booklet, we will use the term "lawyer" for both "attorney" and "guardian-ad-litem" (GAL).

The lawyer may do any or all of the following, depending on the circumstances of your case:

meet with your child, in the child's home, at least once (more if necessary, and learn the child's feelings, wishes and beliefs;

meet with you, the other parent, teachers, daycare providers, doctors and others who are familiar with the child as part of the lawyer's evaluation of the case and your child's situation;

meet with the child in the home of the non-custodial parent;

review all medical records and reports related to the case;

seek physical or mental health evaluations when appropriate;

participate in hearings in the case that are related to your child;
maintain contact with your child until the case is over.

You should:

make the child available to the lawyer and keep appointments;

sign releases for information sharing; remember that the lawyer is not a social worker and cannot deal with every problem; he/she cannot make parental decisions; NOTE: You will be charged for all contacts with the child's lawyer (unless the court has ordered that the lawyer is to be paid at state rates).
know that the lawyer will use his/her own judgment and may not agree with you on issues concerning your child. Remember, the lawyer represents your child -- not you.

How do I ask for a lawyer to be appointed?

Fill out and file with the court certain paperwork. You can get most forms (those with a form number) at the court clerk's office and on the State's judicial website (http://www.jud.ct.gov/).

1. Fill out your Motion to ask for a lawyer to be appointed.

If your case is still pending and no final orders have been issued by the court, fill out and file a Motion for Orders before Judgment (form JD-FM-176).
If final orders have been issued, you have two Motions to file. Fill out and file a Motion for Modification (form JD-FM-174) before filing a Motion for the Appointment of Counsel for Minor Children (included in this pamphlet). The first Motion is needed because there must be a pending court case before the court can appoint an lawyer for your child. (See the Legal Aid Pamphlets How to Modify Custody Orders and How to Modify and Enforce Visitation Orders).

2. Fill out an Appearance (form JD-CL-12) if you have not yet done so. Make a copy. The clerk cannot accept your Motion unless you have filed an appearance.

3. Make copies of your Motion(s) for everyone in the case, including every lawyer. After you send out the copies, go to the court where your case is pending and file your Motion with the clerk.

4. When you get the hearing notice from the court in the mail, write down the date and time of the hearing. The notice will be a "court calendar." To find the hearing date and time, first look for a number on the envelope above your address. This number is the position number of your case on the calendar. Second, find your name on the calendar and note the column number at the bottom of the paper. (The court clerk may need the column number later). Third, follow the instructions at the top of the calendar on the first page. Some instructions will tell you to call the court and the other party by a certain date to say you want to go ahead with your Motion.

5. Fill out and file a Financial Affidavit (form JD-FM-6). The judge will need to review this form to make orders for paying the lawyer's fees for the child. (See our pamphlet, A Guide to Financial Affidavits).

Who pays for my child's lawyer?

Both parents are usually responsible for paying the child's legal fees, with the cost split according to each parent's ability to pay. If the court decides that the parties are unable to pay the fees, the court may order the State to pay the fees. Ultimately, each parent is responsible for any legal fees from this process. Legal fees are based on the time the lawyer spends on the case. You will be charged for all contacts with the child's lawyer.

What do I do at the court hearing?

1. It's a good idea to arrive about 20 minutes before the day and time set for the hearing. It may take a while to get through security. Hint: Going to court can be stressful. The more upset and tired you are, the more stressful it is. In spite of your stress, try to listen carefully. Try not to lose your temper or bring up old arguments. The calmer you are, the more the judge will listen to your answers and take you seriously.

2. Go to the court clerk's office and ask the clerk how the court starts the day (called "opening" the court). Courts operate differently--some courts open with a "calendar call" (where the names of the cases are read out loud in the courtroom) while others do not call cases. If you do not have an agreement with the other party or you need help writing down the agreement you have, ask the clerk about signing up on the Family Relations (sometimes called Family Services) list. (See below.)

Calendar Call

If you do not have an agreement, say, "Ready," when your name is called. You will probably have to meet with Family Relations to try and work out an agreement.

If you do have an agreement, say, "Ready with an agreement," and follow the judge’s instructions. The judge may take agreements after calendar call.

NO Calendar Call

If you do not have an agreement, find your name and room assignment on the list which is posted in the lobby. Then go directly to your assigned room to meet with Family Relations. Put your name on the Family Relations list.
If you do have an agreement, see the court clerk. You may need to prepare a Memo to the Clerk form to let the court know you are ready to present your agreement to the judge.

IMPORTANT: Agreements do not change a court order until the judge approves/accepts the agreement and makes it an order of the court. Once the judge decides, you have to accept and follow that court order.

Meeting with Family Relations. A meeting is only needed if you do not have an agreement or you need help writing it down. The Family Relations Officer will ask both of you questions and try to help you reach an agreement. He/she may make a recommendation to both of you about how to settle your disagreement. You do not have to accept this recommendation. Although the recommendation may be similar to what a judge might order, the judge might order something different. If you still have not reached an agreement after this meeting, you will have a hearing where you present your case to the judge.

If you do have an agreement after meeting with Family Relations,

Write down the agreement. Both parties must sign it.
You may need to fill out a Memo to the Clerk form . Check the box that says "Ready with an Agreement."
When your name is called, go to the table in front of the judge. Answer the judge's questions and follow his/her instructions.

If you do not have an agreement after meeting with Family Relations, you will have a hearing (called an "oral argument") where you will present your side to the judge.

THE HEARING (if you don't have an agreement)

Go back to the court room. You may need to fill out a Memo to the Clerk form.
When your name is called, say, "Ready." Then stand behind one of the tables in the front of the courtroom and follow the judge’s instructions.
If you filed the Motion, you will present your case first.
Be polite and respectful of the judge and the other side. The judge will probably require that you be "sworn in".
When the judge asks you to speak, say that you want a lawyer appointed to represent your child and explain why you think it is important. Tell why you and the other parent could not agree on things such as visitation and custody. You may also ask the judge to order the state to pay the lawyer's fees.
Have a completed Financial Affidavit with you. The judge needs it to make orders for who will pay the lawyer's fees for the child.
You may call witnesses to support what you have said. Both you and the other parent will be able to ask that person questions. Don't get into an argument with witnesses or the other parent as this will create a bad impression of you.

The Judge's Decision

After the case has been presented, the judge will either make a ruling right then or "take the papers" and decide later. If the judge "takes the papers," the court will send you a copy of the decision regarding the appointment of the child's lawyer.

If the judge grants your Motion, ask whether the lawyer will be acting as an attorney or as a Guardian-ad-litem (GAL). Once a lawyer is appointed, you should contact the lawyer's office to set up an appointment between your child and the lawyer. It would be best to be cooperative and helpful and to give the lawyer information requested.

If the judge denies your Motion, you can re-file your Motion at a later date if the circumstances change.

For more information: Statewide Legal Services: (860) 344-0380 (Central Connecticut & Middletown area) 1-800-453-3320 (All other regions)

Blank Motion Form

This pamphlet was produced by the Legal Assistance Resource Center of CT in cooperation with CT Legal Services, Greater Hartford Legal Aid, New Haven Legal Assistance Association, and Statewide Legal Services and

in collaboration with
The Children’s Law Center of CT, Inc., 30 Arbor Street, South; Hartford, CT 06106 860-232-9993 Fax: 860-232-9996 On the internet: http://www.clcct.org/.

The information in this document is based on the laws in CT as of September 2006. We hope that the information is helpful. It is not intended as legal advice for an individual situation. If you need further help and have not done so already, please call Statewide Legal Services (see above) or contact an attorney.Copyright: Sept. 2006