The Child’s Advocate program started in Wake County, North Carolina, under the direction of a family law attorney in 2008. This non-profit started with the purpose that children be heard during a contested custody dispute by providing attorneys for the children. The program became a project of Legal Aid of North Carolina in 2013 and has been used in select custody cases in Wake County since 2014. The program expanded to Durham County in 2020. The goal of the program remains the same today: ensuring that the child’s voice is heard. The program hopes to expand to other counties in North Carolina.
A child’s advocate can be assigned to represent a child between the ages of 7-17. As a parent, one can request a child’s advocate if there is a child custody case pending. The case needs to involve at least one of the following situations:
- Family/domestic violence;
- Child has special needs;
- Substance abuse or mental instability of one of the parents;
- Child is refusing to visit with one parent;
- Relocation; or
- Child’s gender identity or sexual orientation is contested.
There are no income requirements or limits concerning the parents’ wages and lifestyles. Advocates have been assigned in cases for families from varied socioeconomic categories, including different ethnicities, religious beliefs, and diversity of backgrounds. Note, though, if a case is particularly acrimonious, that factor alone is not enough for a case to qualify. They cannot assist either parent in the custody dispute. Also, they cannot share the child’s communications with either parent.
Family law judges in Durham and Wake counties will appoint a child’s advocate if the case merits. And, like most cases, difficult custody cases can settle. But, if a trial is necessary, the child’s advocate will participate in the trial by presenting evidence and calling witnesses.
The child’s advocate is an attorney who has been trained to work with and represent the child in a custody dispute. They act as the child’s lawyer, not a lawyer for either parent. As such, they have an attorney/client relationship with the child, advocating for what the child believes is best for them. The wishes of the parents do not have to be taken into consideration.
The child’s advocate should investigate the case, talk with the child, parents, caregivers, and therapists. Attorneys will collaborate with mental health providers to better understand the child’s perspectives and preferences.
In best case scenarios, the child’s advocate will be able to help settle the custody dispute without a trial while counseling and negotiating on the child’s behalf. If the parents are hopeful for settlement via a consent order, the child’s advocate must approve it. It is important to note, the professional advocating for the child is not required to work in the “best interest of the child” the way a judge would. Rather, it is their responsibility to make sure the child’s wishes and voice are heard.
Above all else, a child’s advocate should be trained and skilled at helping children connect with the treatment from a therapist; understanding their needs; protecting the child’s confidentiality with regards to information shared; and assisting the child in processing and understanding the judge’s order.
