Legal Question in Family Law in Michigan

When a child is put into temporary custody of the courts, what rights does the c

When a child is under the guidance of an attorney appointed to them from the family court system ( a 5yr old) what are the responsabilities of thet attorney assignedto the child's case, If the child was made teporary ward of the courts? What are the appointed attorney's obligations to and for the child in question?


Asked on 2/14/03, 7:11 am

1 Answer from Attorneys

Henry J. Legere, Jr. Law Office of Henry J. Legere, Jr.

Re: When a child is put into temporary custody of the courts, what rights does t

The rights of the child include the right to be safe from harm or neglect. The right to have visitation with his/her parents for at least 1 hour per week if in a licensed foster placement can be more if placement is with a relative. The right to have proper shelter, food, medical, dental and psychological treatment if warranted. In short the same rights that the child would have if he/she was not a temporary court ward. The key in such a case is for the parents to cooperate with the court in complying with the court's ordered parent agency agreement(PAA).

The child's attorney/guardian ad liteum insures that the child is being properly cared for. The attorney will usually discuss the case with the foster care worker, foster parent, child (if appropriate) and the child's parents ot to the parents aattorney(s). The child's attorney will assist the court in determining what is in the child's best interest. Sometimes it appears that the child's attorney is siding with the state against the parents and at other times siding with the parents against the state. As long as the parents comply with their parent agency agreement the child should be returned to them. If it appears that the FIA is not assisting the parents in complying with the PAA the parents can or have their attorney(s) contact the child's attorney and seek assistence from him/her in getting the FIA to do its job properly. Talk about your concerns with your attorney. Chances are good that he/she has also served as a child's attorney. Good luck.

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Answered on 2/14/03, 8:36 am


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