Representing Children

Representing Children

Representing Children

There are times where a divorce, custody, visitation, or domestic violence case require that a minor child have their own attorney represent them.  In Maryland, there are three different roles for attorneys who represent children.


Child Best Interest Attorney—A Child Best Interest Attorney (colloquially known as a “BIA”) is a lawyer who is appointed by the Court to represent the child’s best interests to the Court.  A BIA is not bound by the child’s expressed wishes, but makes an independent assessment of what is in the child’s best interests and advocates for that assessment in Court.  It is, however, the responsibility of the BIA to inform the Court of the child or children’s position.


Child Advocate Attorney—A Child Advocate Attorney is appointed to represent a mature child in advocating for the child’s position in Court.  A Child Advocate Attorney is responsible to their child-client for the same loyalty, confidentiality, and zealous representation as if the child-client were an adult client.


Child Privilege Attorney—A Child Privilege Attorney (colloquially known as a “CPA”) is a lawyer who is appointed by the court to determine whether to assert or to waive, on behalf of a minor child, any privilege that the child would be entitled to assert if they were an adult (example: the child’s therapeutic/confidentiality with their treating mental health professional).


Attorney at Avery & Upton represent children an all of the roles above.  It is our greatest privilege and honor to be the voice of children in Court proceedings and we treat this privilege with the respect, due diligence, and commitment that it requires.

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