Best Interests Of Child

by Sandra L. Strissel

One of the more rewarding areas of my practice comes as a result of being appointed by the local court to represent the best interest of children. When the parents of children cannot reach an agreement regarding matters of custody and visitation, the court may appoint an attorney to investigate the matter.

Best interest attorneys interview the child, the parents, and other interested persons. They obtain medical and school records and talk to the child’s counselor or other mental health providers. They may visit with the child at their home and/or at school.

The “best interest attorney” focuses on the factors that the court considers when determining custody and visitation matters. Those factors include, the fitness of the parents, the character and reputation of the parents, the natural parents desires based upon any agreements between them, the possibility of maintaining natural family relations, the child’s preference (if old enough to make a rational judgment), material opportunities that affect the child’s future life, the age, health and sex of the child, where each parent lives and the feasibility of the non-custodial parent visiting, the amount of time the child has been separated from the natural parent who is seeking custody, and the impact of a prior voluntary abandonment or surrender of custody. These factors are set out by the Maryland Court of Appeals in the case of Ross v. Hoffman, at 280 Md. 172 (1977).

Acting as the best interest attorney, you present to the court an unbiased opinion for what would be best for the child in high-conflict custody cases. Assisting children through complicated court proceedings requires a great deal of compassion and diligence. I enjoy this work most when I can envision the child being happy and well-cared for, long after the court proceedings are over.