What is a best interest attorney and what role do they serve in a custody case? A best interest attorney is a lawyer appointed by the court for the purpose of protecting a child’s best interests. The best interest attorney advocates for the child’s best interests. They tell the court what the child’s preferences are even though the court is not bound by it. That attorney usually meets with the child(ren) and interviews the parties. They also speak with other people that may have an opinion or impact on the child’s interests. After doing their interviews and assessment, the best interest attorney usually submits a report to the court with their recommendations. Often times, one party may disagree with those recommendations and will have to present evidence in court as to why the court should not follow them. A best interest attorney is prohibited from testifying in court and the parties cannot cross-examine them.

Due note that a best interest attorney is usually appointed in highly contested custody cases. Some reasons that a court may appoint a best interest attorney include (but not limited to): the parties try to influence or manipulate their child(ren); past or current abuse or neglect of the child; mental health problems of the child or party; alcohol or substance abuse; relocation of the child; or any other factor that the court considers relevant. The best interest attorney also is a private attorney who charges hourly for their work. Before requesting the court to appoint a best interest attorney, you should speak with your lawyer and weigh the pros and cons of making such a request.

What is the discovery process? Formal discovery is a process designed to gather information from the other party that can later be used as evidence to support your case at trial. There are various methods to the discovery process which may include interrogatories, request for production of documents, depositions, requests for admissions of fact, and subpoenas. The most commonly used discovery tools are interrogatories and requests for production of documents.

Interrogatories are a series of questions that must be answered under oath that usually seek information about you, the case, your finances, the circumstances that led to you either filing or defending the case, etc. In certain circumstances, one can object to answering the interrogatories if the information that is sought is objectionable. The requests for production of documents are a series of requests that seek documentary evidence from the other party. Similar to the interrogatories, if the requests are objectionable, your attorney will help you identify and note each objection.

The discovery process is not only time consuming, but can also be very expensive. It is however, an important part of your case that cannot be skipped or it can have an adverse effect on the outcome of your case. If you would like to schedule a consultation regarding your case, please call us at 443-741-2567.

I receive a lot of questions from grandparents asking whether they can have custody of their grandchildren. The answer is… it depends! While Maryland law allows grandparents to file for custody or visitation as a third party, it does not mean that the Court will award you the relief that you are asking for. If either parent objects to your petition, you will likely be unsuccessful. There are, of course, exceptions. If a grandparent can prove that they have been a de facto parent, or that the parent(s) are unfit, or that exceptional circumstances exist that the minor child will be harmed if the grandparent(s) doesn’t have visitation, then the Court may consider awarding the grandparent(s) custody or visitation. As always, the Court will consider the best interests of the minor child in deciding whether to grant visitation.