Does my child need a lawyer?
The idea of a children’s lawyer might seem a bit unusual. Surely your child wouldn’t need a lawyer and, if they did, couldn’t they use a regular one? Is there a significant difference between a children’s lawyer and a regular lawyer?
Children’s lawyers deal with all areas of the law related to children, covering child protection, health and custody rights. A children’s lawyer will represent the child in court and communicate with them about the case (like this children’s tylenol lawsuit, for example). They will be trained in communicating effectively with children and making sure that they understand what is happening at all times. So, why might a child need a lawyer?
Child protection
All children have the right to be protected and, in most families, parents do a good job of keeping their children safe, happy and healthy. They should after all – that’s their job. However, unfortunately, this isn’t always the case. There are many reasons that a child may not be protected. A home may be dangerous, unhygienic or unfit for living in, or a parent or relative might be abusive or neglectful towards the child. In this situation, the child may need to be taken away from their parents and to a safe environment. When this happens, the child will always be given a lawyer to represent them and support them during the legal procedure. Social workers will also be involved and will communicate with the parents throughout the process.
Medical malpractice
Medical malpractice is when someone experiences an injury due to the negligence of a hospital, doctor or other healthcare professional. It can happen to adults and children alike, and may relate to an incorrect diagnosis, accidents during surgery or the issuing of incorrect medications. If you think your child has experienced medical malpractice, you may wish to speak to a children’s lawyer, who will understand the severity of the situation and will be able to represent your child in court. The case may not be isolated, which could lead to further investigations.
Divorce
Whilst some divorces can be mutual and amicable, others can become complicated and even aggressive, leaving a child stuck in the middle of a legal battle between you and your spouse. Whilst most parents don’t want to make their child feel this way, the child’s best interests can sometimes be forgotten. Many parents don’t consider getting a lawyer for their child, but the court might appoint a lawyer for the child – especially if it is a juvenile case where neglect or abuse is involved. You as a parent can also ask for a lawyer for your child if you and your spouse disagree about custody, you’re worried about your child’s safety or there is a question about paternity. However, it’s important to be aware that, whilst you have the right to ask for a lawyer for your child, the court is not entitled to appoint one.
Hi, I'm Emma and I'm MyBump2aby's family law, protection and financial editor. I'm passionate about better-informing parents on their choices when it comes to family law and family protection and financial matters.
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