Under Utah Code Section 30-3-11.3, the court may appoint a separate attorney to represent the child in a custody proceeding. Unlike a guardian ad litem who advocates for the child’s best interest, the child’s separate attorney takes a directive role, advocating for the child’s expressed wishes and preferences while still providing legal counsel about the proceedings.
Last updated: July 2026
Key Takeaways
- Utah Code Section 30-3-11.3 authorizes the appointment of a separate attorney to represent the child’s expressed wishes in custody proceedings.
- The separate attorney for the child is different from a guardian ad litem; the attorney advocates for what the child wants, not what the attorney thinks is best.
- The appointment is typically made in cases where the child’s preferences significantly differ from what either parent is advocating.
- The attorney-client privilege applies to communications between the child and their attorney.
- The child’s attorney participates in the litigation, attends hearings, and presents evidence supporting the child’s position.
In most custody cases, the child’s interests are advocated by the parents’ attorneys, sometimes with input from a guardian ad litem. But in certain situations, the child’s expressed wishes differ so significantly from what either parent is asking for that the court determines the child needs independent legal representation. The separate attorney for the child fills this role by providing the child with their own lawyer who advocates for the child’s stated preferences.
The separate attorney for the child is a relatively uncommon appointment in Utah custody cases. Courts appoint a child’s attorney only when the circumstances warrant it, such as when a teenager has strong, well-reasoned preferences that differ from both parents’ positions, or when the child is caught in the middle of a high-conflict case and needs their own voice in the proceeding. The appointment is made at the court’s discretion.
What is the role of a child’s separate attorney under Utah Code Section 30-3-11.3?
Utah Code Section 30-3-11.3 provides that the court may appoint an attorney to represent a minor child in a custody or divorce proceeding. The attorney’s role is to represent the child’s expressed wishes and preferences, similar to how a traditional attorney represents a client. The attorney takes direction from the child, to the extent the child is capable of expressing their wishes, and advocates for those wishes in court.
The child’s attorney must be licensed to practice law in Utah and must have training in representing children in family law proceedings. The attorney meets with the child, explains the legal process in age-appropriate terms, and determines the child’s preferences. The attorney then advocates for those preferences through legal arguments, witness examination, and evidentiary presentation at hearings and trial.
How is a separate attorney for the child different from a guardian ad litem?
The fundamental difference is whose position the professional advocates. A separate attorney for the child under Section 30-3-11.3 advocates for the child’s expressed wishes, functioning as a traditional attorney with the child as the client. A guardian ad litem under Section 30-3-11.2 advocates for what the GAL determines is in the child’s best interest, which may differ from what the child wants.
In practice, the two roles can overlap. A child who is mature and articulate may have preferences that align with what a GAL determines is in their best interest. But when the child’s wishes differ from what a neutral professional would recommend, the separate attorney advocates for the child’s position while the GAL advocates for the child’s best interest. This gives the court the benefit of both perspectives.
Utah Code Section 30-3-11.3 provides that the child’s attorney has the same rights and responsibilities as an attorney for a party to the proceeding, including the right to present evidence, call and examine witnesses, and make legal arguments.
When does the court appoint a separate attorney for a child in Utah?
The court appoints a separate attorney for a child when there is good cause to believe that the child’s interests are not adequately represented by the parties or a GAL. Common situations include cases where the child’s expressed preferences differ from both parents’ positions, cases involving allegations that both parents are unfit, and cases where a teenager has strong, well-articulated preferences about custody and parent-time.
The court may also appoint a separate attorney when the level of conflict between the parents is so high that the child’s voice is being lost in the litigation. The appointment is within the court’s discretion and is not available as a matter of right. Either parent may request the appointment, but the court decides whether the circumstances warrant it.
What does the child’s attorney do during the custody case?
The child’s attorney participates actively in the litigation. They attend all hearings and conferences, review discovery materials, and prepare legal arguments supporting the child’s position. They may call witnesses, cross-examine the parents’ witnesses, and present evidence that supports the child’s preferences. They file motions and other pleadings as needed to advance the child’s position.
The attorney also participates in settlement negotiations and mediation, advocating for the child’s preferences during settlement discussions. If the case goes to trial, the child’s attorney presents opening and closing arguments, examines witnesses, and makes legal arguments to the court. The child’s attorney has the same procedural rights as the parents’ attorneys, including the right to appeal.
Is communication between the child and their attorney confidential?
Yes. The attorney-client privilege applies to communications between the child and their separate attorney. This means the child can speak candidly with their attorney without fear that their statements will be disclosed to the parents, the parents’ attorneys, or the court. The privilege encourages the child to be honest about their feelings and preferences.
The privilege has the same exceptions that apply to attorney-client communications generally. The attorney may be required to disclose communications if necessary to prevent imminent harm to the child or another person. The attorney also has an ethical obligation to report suspected child abuse or neglect. These exceptions are explained to the child at the beginning of the representation.
| Aspect | Attorney for Child (Section 30-3-11.3) | Guardian Ad Litem (Section 30-3-11.2) |
|---|---|---|
| Role | Advocates child’s expressed wishes | Advocates child’s best interest |
| Client | The child | The court / child’s best interest |
| Confidentiality | Attorney-client privilege | Limited privilege, reports to court |
| When appointed | Child’s wishes not represented | High conflict, allegations of harm |
| Decision-making | Child directs representation | Attorney determines best interest |
Who pays for the child’s separate attorney in Utah?
The cost of the child’s separate attorney is typically allocated between the parents by court order. The court considers each parent’s financial circumstances when determining the allocation. In some cases, the court may order one parent to bear the entire cost if that parent’s conduct necessitated the appointment or if the other parent lacks the financial resources to contribute.
The cost varies based on the complexity and duration of the case. Hourly rates for attorneys who represent children are typically $200 to $400 per hour. A case requiring 20 to 50 hours of attorney time may cost $4,000 to $20,000. Parents should ask the court about the expected cost and fee allocation at the time of appointment.
Frequently Asked Questions
Can my child request their own attorney in a Utah custody case?
Your child may express a desire for their own attorney. The court decides whether to appoint one based on the circumstances. The child does not have a legal right to separate representation.
How old does a child have to be to get their own attorney?
There is no minimum age. The court considers the child’s age, maturity, and ability to communicate their preferences. The appointment is more common for older children and teenagers.
Does the child’s attorney have to do what the child says?
Generally yes, to the extent the child is capable of directing the representation. If the child is not competent to direct the attorney, the attorney serves as a GAL instead.
Can the child’s attorney share information with the parents?
No. Communications between the child and their attorney are protected by the attorney-client privilege. The attorney cannot disclose the child’s statements to the parents without the child’s consent.
Is a separate attorney for the child the same as a GAL?
No. An attorney for the child advocates for the child’s expressed wishes. A GAL advocates for what the GAL determines is in the child’s best interest, which may differ from the child’s wishes.
Can I object to the appointment of a separate attorney for my child?
You may object to the appointment, but the court has discretion to appoint an attorney if the court finds good cause. The objection is considered as part of the court’s decision.
Facing a child custody issue in Utah? Jeremy D. Eveland, MBA, JD, can help protect your parental rights and advocate for your child’s best interests.
Call (801) 613-1472 or visit jeremyeveland.com to schedule a consultation today.
This article is for informational purposes only and does not constitute legal advice. Consult with a qualified Utah family law attorney for advice specific to your situation.
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