Oregon Ad Litem: Fill & Download for Free

In civil cases, for example if a child is injured in an automobile collision, an adult is named as guardian ad litem and the adult stands in in the child's place. ORCP 27 ORCP 27 – MINOR OR INCAPACITATED PARTIES A child 16 or older can choose whether to have a Guardian ad litem. I used a guardian ad litem in a family law case where a man was petitioning to establish paternity after impregnating a 15-year-old girl.When the Department of Human Services (Child Welfare) is involved in a case, like terminating parental rights or establishing jurisdiction in cases alleging abuse or neglect, the children usually get their own court appointed attorney selected from a consortium of attorneys in the county who take that type of appointments. There is also often a non-attorney CASA (Court Appointed Special Advocate) who speaks on behalf of the children.When the State is prosecuting a child for a crime the child can have a court appointed attorney or someone can retain the attorney. That applies in juvenile court or when the child is charged “as an adult.”Amazingly, in divorce cases the children are not represented. The parents or their lawyers fight over what is in the best interest of the children and, as far as I know, the children have no lawyer arguing on their behalf. I welcome other Oregon attorneys to correct me if I am mistaken on this point.

Courts are not bound to listen to children when it comes to custody disputes, although many will consider the wishes of the children once then are a certain age. You can ask that your children be allowed to share their wishes or stories with the family court judge, but he is not bound to hear or even consider them. If you think that they will be particularly impactful, having your attorney or a guardian ad litem represent the interest of your children may be helpful.

Witnesses You Can Use: On issues of custody or visitation, one of your witnesses should be the evaluator (from Family Court services or CASA, sometimes called the "guardian ad litem" or "GAL") who investigated the case, and any counselors who have treated the children or CPS workers who will support your case. Call these people as witnesses only after you have talked to them and feel comfortable what they will tell the court will help your case.You will also be a witness to your side of the case.I am not sure about how you can have your daughter called as a witness… as that may be different from state to state. Other useful witnesses are people who are familiar with your care of the children and, if possible, the other parent's care of the children. These people might be school teachers, child care workers or neighbors. Friends and relatives can also be witnesses.A guide to free and low-cost legal aid, assistance and services in OregonPlease do what you can to seek legal help… even if it is a lawyer in another area from where you live. They can answer questions that pertain to the state in which you live.Also, GO to the library and spend time reading about the pertaining laws in your state. The staff there can help you. Also, go down to or call your local courthouse and ask to be directed to who can help you concerning forms, understanding applicable laws and etc.Get letters from your relatives, neighbors, therapists, and etc etc. Then take them with you. If your daughter has expressed strong feelings about this, then tell her she can put it on paper and say anything she wants… using her own words.