The State of Colorado does all it can to protect children in families that are going through difficult transitions. This includes appointing a legal representatives for the child to ensure that child’s best interests are protected during court proceedings.
According to C.R.S. § 14-10-116, which addresses the guidelines for appointing a legal representative for a child:
(1) The court may, upon the motion of either party or upon its own motion, appoint an attorney, in good standing and licensed to practice law in the state of Colorado, to serve as the legal representative of the child, representing the best interests of the child in any domestic relations proceeding that involves allocation of parental responsibilities. In no instance may the same person serve as both the child’s legal representative pursuant to this section and as the child and family investigator for the court pursuant to section 14-10-116.5. Within seven days after the appointment, the appointed person shall comply with the disclosure provisions of subsection (2.5) of this section.
(2) The legal representative of the child, appointed pursuant to subsection (1) of this section, shall represent the best interests of the minor or dependent child, as described in section 14-10-124, with respect to the child’s custody, the allocation of parental responsibilities, support for the child, the child’s property, parenting time, or any other issue related to the child that is identified by the legal representative of the child or the appointing court. The legal representative of the child shall actively participate in all aspects of the case involving the child, within the bounds of the law. The legal representative of the child shall comply with the provisions set forth in the Colorado rules of professional conduct and any applicable provisions set forth in chief justice directives or other practice standards established by rule or directive of the chief justice pursuant to section 13-91-105(1) (c), C.R.S., concerning the duties or responsibilities of best interest representation in legal matters affecting children. The legal representative of the child shall not be called as a witness in the case. While the legal representative of the child shall ascertain and consider the wishes of the child, the legal representative of the child is not required to adopt the child’s wishes in his or her recommendation or advocacy for the child unless such wishes serve the child’s best interest as described in section 14-10-124.
The child’s parents are responsible for paying the fees for the legal representative, unless the court determines this is impossible, in which case the state covers the fees.
If you have questions about your child’s court appointed representative or you need assistance with a family court matter of any kind, contact Montgomery Little & Soran, PC at 303-773-8100.
