What is the Role of a Best Interests Attorney in Arizona Family Court Cases?

The Arizona Revised Statutes and the Arizona Rules of Family Law Procedure allow family courts to occasionally appoint an attorney to represent the best interests of a minor or dependent child, who interests are affected by a pending case. See _{^{ARIZ. REV. STAT. ANN.}} § 25-321. This is referred to as a “best interests attorney,” which is sometimes abbreviated as “BIA.” See id. A best interests attorney plays a crucial role in representing and advocating for the best interests of children in cases involving parenting time disputes, legal decision-making disputes, child support, and other matters impacting a child’s welfare. See id.

Unlike a typical attorney who represents a client’s expressed wishes or a court-appointed advisor who provides a report and testimony to the court, a best interest attorney focuses on making arguments and recommendations to the court what they objectively determine to be in the child’s best interests. See Aksamit v. Krahn, 227 P.3d 475 (Ariz. App. 2010). The best interests attorney must participate in the proceedings to same extent as any other attorney. See Ariz. R. Fam. L. Pro. 10(e)(1). The duties of the best interests attorney may include:

Conducting Investigations: The best interests attorney will often conduct a thorough investigation, which may involve interviewing a child, parents, teachers, therapists, or other relevant individuals. They review reports, medical records, and other documentation to gather a comprehensive understanding of the child’s situation and to better inform their arguments concerning the child’s best interests.

Representation in Court: The best interests attorney participates in court hearings, presenting findings and recommendations regarding what arrangements will most benefit the child. They may question witnesses, submit evidence, and provide legal arguments concerning the child’s best interests.

Neutrality and Independence: Although the best interests attorney is appointed by the court, they act independently from either parent. Their role is distinct from other types of professionals, such a court-appointed advisor, in that best interests attorneys cannot act as a witnesses and are bound by their duties as a legal advocate.

Communication with the Child: Depending on the child’s age and maturity, the best interest attorney may consider the child’s preferences while balancing what they deem to be in the child’s best interests. The child’s wishes, and the wishes of either parent for that matter, are not necessarily controlling. One of the main purposes of a best interests attorney is for the court to receive advocacy from a different point of view.

Key Differences from Other Court-Appointed Roles

Attorney for the Child: An attorney for the child represents the child’s stated wishes, rather than objectively advocating for what is in the best interest of the child. See generally Ariz. R. Fam. L. Pro. 10(a)(2). Sometimes, a child is too young have their wishes considered by the court and, in such instances, a best interests attorney may be more suitable.

Court-Appointed Advisor: A court-appointed advisor conducts investigations under the court’s authority and prepares a report for the court’s consideration in making decision. See Ariz. R. Fam. L. Pro.10.1(c)-(d). A court-appointed advisor may be called as witness, where a best interests attorney may not act as a witness in the proceedings. See Ariz. R. Fam. L. Pro. 10.1(d)-(e).

Guardian ad Litem: In the context of family law proceedings, a guardian ad litem is an attorney appointed to investigate whether an adult party in the case may need a guardian, conservator, or other protective order due to that party’s lack of capacity to proceed with the case, and to initiate probate proceedings if necessary. See Ariz. R. Fam. L. Pro. 37.1(a). So, for example, if a parent is mentally incapacitated, guardian ad litem might seek to have attorney appointed for that parent so that their interests are protected. See id.

Appointment of a Best Interests Attorney

Under the Arizona Rules of Family Law Procedure, a court may appoint a best interests attorney for any reason the court deems appropriate. See Ariz. R. Fam. L. Pro. 10(b). However, Arizona courts commonly appoint a best interests attorney in cases where:

There is a high level of conflict between the parents, which may interfere with the ability of the parents to take positions that are objectively in the child’s best interests.

There are complex issues regarding the child’s unique circumstances or special needs, which require independent evaluation and more nuanced court orders.

Huffman-Shayeb Law, PLLC has experience requesting best interests attorneys in cases, as well as handling cases in which a best interests attorneys has been appointed. If you find yourself in need of legal advice or representation in an Arizona family court case, contact Huffman-Shayeb Law, PLLC today to schedule a consultation.