I am a managing attorney and the project director of The Child’s Advocate (TCA), a project of Legal Aid of North Carolina. TCA’s extensively trained attorneys are appointed by family court judges to provide direct representation to children, ages 7 to 17, in contested, complex custody actions. A judge may appoint us when one of the following factors is present:

• Allegations or findings of family violence (domestic violence and/or child physical, sexual, or psychological abuse).

• Substance abuse or mental instability of a parent.

• Special needs of a child requiring additional investigation and advocacy (mental health, medical, educational, etc.).

• Child resisting/refusing visitation with a parent.

• Potential relocation of a parent.

• Child’s gender identity or sexual orientation is a contested issue.

Under North Carolina case law, children of a suitable age and discretion are entitled to have their preferences considered in their custody cases. See Spears v. Shell, 74 N.C. 210 (1876) (established the right for a child’s testimony to be heard when custody is being decided) and Kearns v. Kearns, 6 NC App 319 (1969) (child must be of “suitable age and discretion”). The Child’s Advocate model of learning and presenting a child’s preferences ensures that children’s voices are heard and considered by the court. We build rapport with our child clients, investigate the case, and attempt to settle the custody action consistent with our client’s feelings and wishes. If settlement is not reached, we represent our clients at trial, providing critical evidence that the court uses in deciding the best interest standard.

In addition to the Rules of Professional Conduct, TCA attorneys follow the American Bar Association, Section of Family Law Standards of Practice for Lawyers Representing Children in Custody Cases (2003). We also consult North Carolina Ethics Opinion 9 (2013) Identifying the Roles and Responsibilities of a Lawyer Appointed to Represent a Child or the Child’s Best Interests in a Contested Custody or Visitation Case. We have a traditional attorney-client relationship with our child clients. We uphold the duties of loyalty and confidentiality, which is evident in the way that we handle our cases.

Our child clients direct their representation. We respect them as autonomous beings and do not substitute our judgment for theirs. They are in the best position to determine what is important to them and what they need to feel safe and whole. We work closely with our child clients’ mental health providers, often including provisions in custody orders to protect this vital therapeutic relationship. Our clients need privacy and confidentiality within their mental health sessions, so they have a safe place to share their feelings about their parents and other important issues in their lives.

The Child’s Advocate was founded in Wake County 16 years ago, expanded into Durham four years ago and has received court appointments in Chatham and Orange Counties.

Access this link to learn more about TCA’s model of representation. Access this link if you are interested in supporting TCA. Family law attorneys can learn the basics of becoming a real voice for children by attending TCA’s next live training on April 17, 2025.

December 5, 2024/by JuvenileJustice