Understanding the Role of a Best Interest Attorney in Maryland Child Custody Cases
When parents cannot agree on child custody or parenting decisions, the court's primary concern is the best interests of the child. In some cases, a Maryland judge may appoint a Best Interest Attorney (BIA) to help provide an independent assessment of what custody arrangement best serves the child.
If your case involves a Best Interest Attorney, understanding that person's role can help you prepare for the process and avoid common mistakes.
What Is a Best Interest Attorney?
A Best Interest Attorney is a lawyer appointed by the court to advocate for what the attorney believes is in the child's best interests. Unlike an attorney who simply follows a client's wishes, a Best Interest Attorney exercises independent professional judgment after investigating the family's circumstances.
The BIA's responsibility is not to represent either parent. Instead, the attorney serves as an advocate for the child's best interests throughout the custody case.
When Will a Judge Appoint a Best Interest Attorney?
A judge may appoint a Best Interest Attorney in cases involving complex or highly contested custody issues, including:
High-conflict custody disputes
Allegations of abuse or neglect
Concerns regarding a parent's mental health or substance abuse
Parental alienation allegations
Relocation requests
Special medical or educational needs
Communication breakdowns between parents
Cases involving significant disagreements over legal custody
Every case is different. The court determines whether appointing a BIA would assist in reaching a decision that protects the child's welfare.
What Does a Best Interest Attorney Do?
A Best Interest Attorney may:
Interview each parent.
Meet with the child when appropriate.
Speak with teachers, counselors, therapists, physicians, and other professionals.
Review medical, educational, and counseling records.
Examine court filings and prior custody orders.
Observe parent-child interactions when necessary.
Participate in hearings and settlement conferences.
Present evidence and legal arguments to the court.
Cross-examine witnesses during trial.
Make recommendations based on the attorney's independent assessment of the child's best interests.
The extent of the investigation depends on the facts and complexity of each case.
Will the Best Interest Attorney Meet with My Child?
Possibly.
In many custody cases, the BIA will meet privately with the child if doing so is appropriate based on the child's age, maturity, and the issues involved. These meetings are generally informal and are intended to help the attorney understand the child's circumstances—not to place the child in the position of deciding the case.
Parents should never attempt to coach or influence what a child says during these meetings.
Does the Best Interest Attorney Represent My Child's Wishes?
Not necessarily.
A common misconception is that the BIA simply tells the judge what the child wants. That is not the attorney's role.
Instead, the Best Interest Attorney considers numerous factors and advocates for what the attorney believes will best promote the child's safety, stability, emotional well-being, and long-term interests.
Does the Judge Have to Follow the Best Interest Attorney's Recommendation?
No.
Although judges often give careful consideration to a Best Interest Attorney's opinions and recommendations, the judge is not required to adopt them.
The court evaluates all of the evidence presented, including witness testimony, exhibits, expert opinions, and the applicable Maryland law before making a final custody determination.
Who Pays for the Best Interest Attorney?
The court determines how the BIA's fees will be allocated.
Depending on the circumstances, the judge may order:
One parent to pay all fees;
Both parents to share the fees equally; or
Another allocation the court considers fair.
The allocation often depends upon each party's financial circumstances and other relevant factors.
How Should I Interact with the Best Interest Attorney?
Parents should approach interactions with the Best Interest Attorney professionally and respectfully.
Helpful practices include:
Respond promptly to requests.
Provide requested documents completely and honestly.
Maintain respectful communication.
Focus discussions on the child's needs rather than personal grievances.
Follow all court orders.
Demonstrate your willingness to support a healthy parent-child relationship whenever appropriate.
Hostility, dishonesty, or attempts to manipulate the process can undermine your credibility.
Common Mistakes Parents Make
Parents sometimes unintentionally damage their custody case by:
Speaking negatively about the other parent to the child.
Coaching the child before interviews.
Refusing to cooperate with the BIA.
Withholding important information.
Failing to comply with court orders.
Sending emotional or inflammatory emails and text messages.
Allowing conflict with the other parent to overshadow the child's needs.
The court generally places significant value on a parent's ability to foster a stable, healthy environment for the child.
Can a Parent Disagree with the Best Interest Attorney?
Yes.
Parents may disagree with the BIA's conclusions or recommendations. If that occurs, the attorney's opinions may be challenged through the normal litigation process.
Your attorney may:
Cross-examine the Best Interest Attorney.
Present contrary evidence.
Introduce testimony from other witnesses or experts.
Argue why a different custody arrangement better serves the child's best interests.
Ultimately, the judge—not the Best Interest Attorney—makes the final custody decision.
How an Experienced Family Law Attorney Can Help
Cases involving a Best Interest Attorney often require careful preparation and strategic advocacy.
An experienced Maryland family law attorney can help you:
Prepare for meetings with the BIA.
Organize relevant documents.
Present evidence effectively.
Address concerns raised during the investigation.
Prepare witnesses for trial.
Develop a custody strategy focused on your child's best interests.
Advocate for your position throughout negotiations and court proceedings.
Every custody case is unique, and thoughtful preparation can make a meaningful difference.
Frequently Asked Questions
Is a Best Interest Attorney the same as a child's attorney?
No. A Best Interest Attorney advocates for what the attorney believes serves the child's best interests, rather than simply expressing the child's wishes.
Can I request that the court appoint a Best Interest Attorney?
Yes. In appropriate cases, either party may ask the court to appoint a Best Interest Attorney, although the final decision rests with the judge.
Will my child have to testify?
Not necessarily. Maryland courts generally seek to minimize children's direct involvement in contested custody litigation whenever possible.
Can the Best Interest Attorney access school and medical records?
Often, yes. The scope of the attorney's access depends upon the court's appointment order and applicable law.
Can the Best Interest Attorney testify at trial?
The Best Interest Attorney participates in the case as an attorney rather than as a fact witness. The attorney may present evidence, question witnesses, and advocate for the child's best interests consistent with the applicable rules and the court's appointment order.
About Neveen Kurtom
Neveen Kurtom is the founder of the Law Office of Neveen Kurtom. She represents clients throughout Maryland in divorce, child custody, child support, protective orders, and other complex family law matters. She is committed to providing strategic advocacy, practical guidance, and personalized representation tailored to each family's unique circumstances.
Disclaimer: This guide is provided for informational purposes only and does not constitute legal advice. Reading this page does not create an attorney-client relationship. Every custody case is unique, and individuals should consult with an attorney regarding their specific legal situation.