Best interest attorneys are special legal representatives appointed by courts to determine the best placement for children during complex custody battles between divorcing parents. The overwhelming majority of custody cases do not require best interest attorneys; however, a judge may choose to appoint one under certain difficult circumstances, such as when divorces become particularly acrimonious or when financial settlements are complex and disputed. Best interest attorneys are also appointed during custody battles in which parents provide conflicting information or display unusual levels of hostility; in this case, the attorney performs an independent investigation into the family’s affairs. While it is typical for divorcing spouses to each hire an attorney, the best interest attorney’s scope is strictly limited to the well-being of the child whose custody is under dispute.

Typically, state statutes do not include specific guidelines for best interest attorneys, and the investigations conducted by such professionals are multifaceted and holistic and take an array of factors into account. A best interest attorney might establish the nature of the child’s relationship with each parent and assess each parent’s capacity to care for the child. The attorney also assesses the child’s wishes and investigates how a placement with either parent would impact the child’s schooling, socialization, and access to other family members and community ties.