Pennsylvania Code
Title 231 - RULES OF CIVIL PROCEDURE
Part I - GENERAL
Chapter 1915 - ACTIONS FOR CUSTODY OF MINOR CHILDREN
Rule 1915.11 - Appointing Child's Attorney. Child Interview. Child Attending Proceedings
Universal Citation: 231 PA Code ยง 1915.11
Current through Register Vol. 54, No. 38, September 21, 2024
(a) Appointing Child's Attorney.
(1) Upon its own motion or a party's motion,
the court may appoint an attorney to represent a child who is the subject of
the action.
(2) The court's order
appointing the child's attorney, as provided in Pa.R.Civ.P. 1915.19, may
apportion to the parties the reasonable cost of the child's attorney.
(3) The child's attorney:
(i) shall represent the child's legal
interest;
(ii) shall zealously
represent the child as any other client in an attorney-client relationship;
and
(iii) shall not act as the
child's guardian ad litem or best interest attorney as
provided in Pa.R.Civ.P. 1915.11-2.
(b) Child Interview.
(1) The court may interview a child in open
court or in chambers.
(2) If the
court interviews the child, the court shall conduct the child's interview on
the record.
(3) If permitted by the
court, a party's attorney or a party may observe the interview.
(4) As part of the interview process, the
court shall permit either:
(i) The parties'
attorneys to question the child under the court's supervision, provided that
all parties are represented by an attorney; or
(ii) a party's attorney or a self-represented
party to submit to the court written questions, which the court may include in
its interview.
(c) Child Attending Proceedings. Unless ordered by the court or otherwise compelled to testify on the record, a child's attendance at a conference, hearing, or trial is not required.
Disclaimer: These regulations may not be the most recent version. Pennsylvania may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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