Hey, I’m trying to understand what ‘trial by declaration’ is and if it can be requested for a child custody case. Also, can I hire an attorney to represent my son in a custody case, to ensure his best interests are represented? I’ve heard the term ‘minor’s counsel’ but not sure if that’s the same thing. Any thoughts?
Trial by declaration is when you ask the judge to make a decision based on the paperwork alone, without any live testimony. It’s usually for smaller cases, not something you’d want for something as serious as a custody battle. You really want a trial where the judge can see what’s going on in person.
@Merrick
Yeah, I agree. You want the judge to see the full picture. A trial would let them hear from everyone involved, including your child if needed. I wouldn’t go with a declaration for something so important.
You might be thinking of a ‘guardian ad litem’—that’s an attorney appointed to represent the child’s best interests in court. But be careful, sometimes they can pick a side, so it’s something to think about. I’d suggest talking to a family law attorney about it.
@Koa
Got it, thanks! So, the guardian ad litem is a separate lawyer who just looks out for what’s best for my son, not representing either parent. That makes more sense now!
Trial by declaration wouldn’t really work for custody cases. You need to present evidence and maybe even testify. A full trial gives you the chance to present everything properly, including your child’s voice if needed.
@Zeek
Ah, okay! I guess it’s all about making sure the judge sees everything clearly. Appreciate the advice!
Yeah, a guardian ad litem might be an option, but you need to be cautious. They sometimes lean toward one parent’s side. Make sure you’re on top of what’s best for your child. It might be worth getting a lawyer who specializes in this.
@Nico
Sounds like I need to do more research before I move forward. Thanks for all the input!
To clarify, a guardian ad litem isn’t the same as a lawyer for the parent. They represent the child’s interests, not either parent’s. Definitely talk to a family lawyer about how to best set it up in your case.
@Remy
I think I understand now! It’s about making sure my son’s voice is heard. Thanks for clearing that up!