This is a motion for appointment of a best interest attorney. It is case-specific, but can be
tailored to any case. With changes in facts and change to the rules cited in points and authorities,
this can easily be changed to work as a motion for a custody evaluation, and home study, or
a psychological evaluation. (Formatted for red line paper.)
_____________________,
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IN THE
PLAINTIFF
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CIRCUIT COURT
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FOR
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____________________ COUNTY
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CASE NO: ____________________
VS.
____________________,
DEFENDANT
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MOTION FOR APPOINTMENT OF BEST INTEREST ATTORNEY
TO THE HONORABLE, THE JUDGE OF SAID COURT:
[name], Defendant, by and through her attorneys, [attorneys], respectfully requests
pursuant to Md. Rule 9-205.1 that this Court appoint a Best Interest Attorney for [child] in the
above-captioned case, and for cause states:
1. This is a high-conflict case involving custody of [child], the parties’ 8 year old daughter;
there have been serious allegations regarding parental fitness, mental health, and whether
homes are safe and appropriate; in fact, the parties cannot agree even as to the child’s
name – the Plaintiff calls her “[nickname 1]” and the Defendant calls her “[nickname 1].”
2. Md. Rule 9-205.1(b) sets out the factors to be considered in determining whether to
appoint counsel for a child.
a. Md. Rule 9-205.1(b)(1) “request of one or both parties.” The Defendant requests
a Best Interest Attorney.
Motion for Appointment of Best Interest Attorney
Page 1 of 5
Plaintiff vs. Defendant
C-00-0000000
b. Md. Rule 9-205.1(b)(2) “high level of conflict.” This case is extremely highconflict. The parties have accused one another of violence, both toward one
another and toward the child. They have filed criminal charges and domestic
violence petitions against one another. In the first visitation to take place after the
agreement of the parties in court on [date], there was controversy both at the drop
off and the pickup. The parties argue, escalating into yelling, sometimes in front
of the child, sometimes involving the police being called by one party or the
other.
c. Md. Rule 9-205.1(b)(3) “inappropriate adult influence or manipulation.” Each
party believes the other is manipulating and influencing the child, telling the child
what to say, and generally involving her inappropriately in the conflict.
d. Md. Rule 9-205.1(b)(4) “past or current child abuse or neglect.” Each party
alleges the other has physically and/or psychologically abused the child.
e.
Md. Rule 9-205.1(b)(5) “past or current mental health problems of the child or
party.” Each party alleges the other has mental health and/or substance abuse
problems, both treated and untreated.
f. Md. Rule 9-205.1(b)(6) “special physical, educational, or mental health needs of
the child that require investigation or advocacy.”
The child has a speech
impediment and, when in Pre-K, attended a special school. To the Defendant’s
knowledge, that has not been assessed since she has been in Maryland.
g. Md. Rule 9-205.1(b)(7) “actual or threatened family violence.” The parties have
filed domestic violence petitions against one another, have filed criminal charges
against one another, and each accuses the other of uncontrolled violence.
Motion for Appointment of Best Interest Attorney
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Plaintiff vs. Defendant
C-00-0000000
h. Md. Rule 9-205.1(b)(8) “alcohol or other substance abuse.” The Plaintiff has a
criminal record for CDS possession and has been in treatment in the past. Each
party accuses the other of substance abuse.
i. Md. Rule 9-205.1(b)(9) “consideration of terminating or suspending parenting
time or awarding custody or visitation to a non-parent.” The Plaintiff has insisted
the Defendant’s visitation be extremely limited. Since the time he filed his
Complaint for Custody on [date], he has agreed to allow the Defendant to see
[child] on four occasions: (1) a couple of hours on [date]; (2) from [date] to [24
hours later] – and, in violation of the agreement, he refused to allow the visitation
to begin until [date]; (3) one week at the end of [date]; and (4) one week at the
end of [date]. At the end of the summer of [year], the Defendant will have been
allowed sixteen days with her daughter in a little less than a year of separation.
Furthermore, the Defendant avers the Plaintiff allows only limited telephone
contact with the child and, often, supervises the telephone contact and can be
heard telling the child what to say.
j. Md. Rule 9-205.1(b)(10) “relocation that substantially reduces the child's time
with a parent, sibling, or both.” [child] lived with the Defendant in New York for
the first six years and three months of her life. She has not only been removed to
live in Maryland, but since June of [year], the past ten months, the Defendant has
allowed [child] to visit her home in New York for two days only. In addition to
her mother with whom she lived in New York her entire life until June of [year],
she has an older sister who has always lived with her, other relatives, friends,
teachers from her school, and other contacts.
Motion for Appointment of Best Interest Attorney
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Plaintiff vs. Defendant
C-00-0000000
k. Md. Rule 9-205.1(b)(11) “any other factor that the court considers relevant.”
3. It is in the best interest of [child] for this Court to appoint a Best Interest Attorney
pursuant to Md. Rule 9-205.1, Md. Code Ann., Fam. Law §1-202, and Md. Rules,
Appendix: Maryland Guidelines for Practice for Court-Appointed Lawyers Representing
Children in Cases Involving Child Custody or Child Access.
4. As to payment for a Best Interest Attorney, a Committee Note to Md. Rule 9-205.1 states:
“Committee note: A court should provide for adequate and effective child's counsel in all
cases in which an appointment is warranted, regardless of the economic status of the
parties.”
5. The Defendant’s only income is Supplemental Security Income in the amount of
approximately $660.00 per month. The Defendant has a physical disability, chronic
lymphedema, which limits the kinds of employment which she can take on.
6. The Defendant qualifies for the help of the [legal services agency], which serves clients
at or below 125% of the federal poverty guidelines ($1,128.00 per month for a family of
one; the federal government defines poverty as considerably more than the Defendant’s
income).
7. It would be just and appropriate for the Court to appoint a pro bono Best Interest
Attorney for [child].
WHEREFORE, the Defendant prays:
A. That this Honorable Court appoint a Best Interest Attorney for the minor child of the
parties, [child];
B. That said BIA be appointed on a pro bono basis; and
C. For such other and further relief as the nature of her cause may require.
Motion for Appointment of Best Interest Attorney
Page 4 of 5
Plaintiff vs. Defendant
C-00-0000000
Respectfully submitted,
Attorney
Firm
Address
Phone
Email
Attorneys for the Plaintiff
POINTS AND AUTHORITIES
Md. Rule 9-205.1
Md. Code Ann., Fam. Law §1-202
Md. Rules, Appendix: Maryland Guidelines for Practice for Court-Appointed Lawyers
Representing Children in Cases Involving Child Custody or Child Access.
CERTIFICATE OF SERVICE
I hereby certify that on this
day of
,
, a copy of the
foregoing Motion for Appointment of a Best Interest Attorney was mailed, first class mail,
postage prepaid, to [opposing party or attorney and address].
Attorney
Motion for Appointment of Best Interest Attorney
Page 5 of 5
Plaintiff vs. Defendant
C-00-0000000