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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102584
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Would a child advocate attorney help. The court will not let

Customer Question

Would a child advocate attorney help. The court will not let my 14 & 15 year old speak or be heard and I'm being accused of poor parenting just by bringing her to testify. I could be completely wrong but the court allows a parent who moves 9 hours out of the area to take the kids from their activities for the summer?
I was told that the relationship with their father was more important then school and activities.
I'm not looking to take away his visitation, I just want the kids to still have normal teen lives and be able to participate in normal school functions like the rest of the kids. It was his choice to move.
Submitted: 1 year ago.
Category: Family Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note: This is general information only for educational purposes only, and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. What exactly are you asking here, i.e. what is your question? Example:

"Can I retain an attorney?"

"Where can I possibly find a pro bono attorney?"

"Can the Court silence my child from testifying?"


This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 1 year ago.
Multiple questions...I have a personal I need to get my children an attorney to represent them so they can be heard in a matter like this or is the general rule of thumb the non custodial parent gets half the summer regardless of the children's well being?Also, is this the general policy to silence a child of this age.
Expert:  Ely replied 1 year ago.

Thank you for your reply. I am not sure why it did not come up on my screen until now; I am sorry for the wait.

There is no mandate to get the children their own attorney. If the Court feels like it is necessary, it will appoint the children their own attorney, called an AD LITEM or an AMICUS.

The accepted standard is that the Judge can let the children voice their preference if the Court feels that they are old enough and/or if the Court believes that they are not being manipulated into saying what the parent wants them to say. See HERE. This is on a case by case basis.

It is standard that the non-custodial gets half the summer - yes - if not more. However, this may be modified if the Court believes that more or less time is in the children's best interest.

I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please rate when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of the top three faces/stars and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.

Expert:  Ely replied 1 year ago.
Hello again. I am checking in because you have not rated positively. To me this means you may have another question. Please let me know – I am simply touching base. Thanks!