Why Was a Public Defender Appointed for my Child in our Family Law Case?

When a public defender is appointed for a child, it is for the child’s best interests. Family law cases in Oklahoma can become complex when the court determines that a child requires independent legal representation. It may come as a surprise to parents when the court assigns a public defender or other attorney to represent their child in proceedings. Examples can be custody disputes, guardianships, or termination of parental rights cases. This article explores the scenarios where a public defender becomes necessary for a child, the role of this attorney, and what parents should expect throughout the process.

When Is a Public Defender Appointed for a Child?

A court may appoint a public defender or other attorney for a child in specific family law situations where the child’s interests must have separate representation. The primary reasons include:

1. Child Welfare Proceedings

In cases involving allegations of abuse, neglect, or dependency, the state has an interest in ensuring the protection of the child’s rights and well-being. Under the Oklahoma Children’s Code, if allegations of child deprivation, the court will appoint an attorney—often from the public defender’s office—to represent the child’s best interests. They will be in all future proceedings from then on until the court dismisses them or the case concludes.

2. Termination of Parental Rights Cases

If the state seeks to terminate a parent’s rights due to unfitness, abandonment, or other legal grounds, the child must have legal representation. A public defender is there to uplift the child’s voice in court, even if the parents have their own attorneys. This is especially necessary if the child is at an age where they are young, but are able to vocalize their interests in the matter.

3. Contested Custody Cases Involving Child’s Best Interests

In high-conflict custody disputes, especially when there are serious concerns regarding a child’s safety, well-being, or emotional needs, the court may determine that the child needs independent representation. This is especially common if there are allegations of abuse, substance abuse, or significant parental unfitness.

4. Guardianship Cases

If someone other than the child’s biological parents petitions for legal guardianship, the court may appoint an attorney to represent the child’s interests. This ensures the consideration of the child’s perspective, particularly if someone contests the guardianship.

5. Adoption Disputes

When adoption proceedings involve complex legal issues, such as objections by biological parents or someone contests consent, the child may need legal counsel to protect their rights and ensure the adoption is truly in their best interest.

The Role of a Court-Appointed Attorney or Public Defender in Family Law Cases

A public defender or court-appointed attorney serving as a child’s legal representative has several key responsibilities:

• Advocating for the Child’s Interests: The attorney assesses the child’s situation and is their voice in legal proceedings.
• Conducting Independent Investigations: This may include speaking with the child, reviewing reports from child welfare agencies, and consulting with relevant experts.
• Providing Legal Representation in Court: The attorney presents arguments, questions witnesses, and files motions as necessary.
• Ensuring Compliance with Oklahoma Family Law: The lawyer ensures the protection of the child’s rights under state law and that the court’s decisions align with the child’s best interests.

Sometimes people will confuse a public defender with a guardian ad litem, but they aren’t the same. A guardian ad litem is there to make recommendations, not represent the child at court. They serve similar purposes by protecting the child’s interests, but do not have the same roles.

Does a Public Defender Represent What the Child Wants?

Whether the attorney represents the child’s express wishes or their best interests depends on the circumstances. If the child is old enough to express an informed preference, the attorney may advocate for their wishes. However, in cases involving young children or situations where a child’s preference may not align with their best interests, the attorney may take a different approach, prioritizing the child’s safety and well-being.

What Parents Should Expect When a Public Defender Is Assigned

Parents involved in a family law case should understand how the presence of a court-appointed attorney affects the process:

• The Attorney Does Not Represent Either Parent: A public defender or appointed attorney serves only the child’s interests, meaning they do not work for or against either parent.
• Requirement of Parental Cooperation: The attorney may request information from parents, review family history, or conduct interviews to assess the child’s needs.
• Decisions Will Be Based on the Child’s Best Interests: Courts rely on legal counsel for guidance, but ultimately, judges determine outcomes based on Oklahoma family law and the child’s well-being.

Tulsa Child Custody Attorneys

Ultimately, a public defender being appointed for a child is a good thing. The public defender is solely there for the benefit of the minor. They will make sure nothing unfortunate befalls the child during the legal process. However, parents should also have representation for their own needs. Here at our firm, we will represent you in your custody case to advocate for your rights as a parent.

If you have concerns about a public defender in your custody case, contact the Tulsa child custody attorneys at Kania Law Office by calling us at (918)–743-2233 or online.