Myer v. Myer (2010) & the Benefits of a “Best Interest” Attorney

As we’ve discussed in multiple articles, whenever custody matters come into dispute, the principle which guides the decision-making process will always be the “best interests” of the children. To put it simply, that is how judges make determinations on issues pertaining to custody. Sometimes, when courts deem it necessary, an attorney will be appointed specifically for the purpose of representing the children in a custody dispute. When this happens, these attorneys are referred to as “best interest” attorneys, because these attorneys are supposed to look out specifically for the best interests of the children. Among other things, these attorneys will observe and interview the children, have discussions with the parents, and make recommendations to the court.

Overview of the Case

The case of Myer v. Myer was finalized in 2010, but the couple in the case originally formed back in the 1990s. The wife and mother in the case was a native of the Philippines, and initially she spoke almost no English. The mother learned some English during her time in the U.S., but never became fully fluent. The couple married in 1996, and they ultimately had three daughters. The marriage eventually unraveled and the couple sought divorce. The wife sought alimony, visitation and joint legal custody of the children. Prior to trial, the court appointed a “best interest” attorney for the children in order to protect their interests; the court deemed this necessary given the fact that there were multiple complex issues in the case.

During the trial, the husband made several allegations against the wife: he argued that her limited English skills rendered her ineffectual as a parent; he argued that she was unfit as a parent because she was currently living with someone who had a criminal record; and he argued that the wife had a history of neglect and emotional abuse toward their children. The court privately interviewed the children to investigate the husband’s claims; in addition, the court relied on information relayed directly from the best interest attorney. Ultimately, the court concluded that the wife was entitled to joint legal custody, and also that the parents needed to achieve “reunification” to avoid psychological injury to the children. Further, the court ordered therapy for the children, and instructed the best interest attorney to oversee the therapy.

Key Takeaways: Best Interests Attorneys Can Play a Vital Role in Custody

In this case, the information gathered by the best interest attorney was instrumental in producing the determination. The best interest attorney carefully examined the emotional condition of the children, he observed the relationship between the children and the parents, and observed the parents themselves. Based on his observations, he made recommendations to the court which ultimately became highly important in the overall decision-making process. For example, based on the best interest attorney’s report, the court was able to conclude more reliably that the children were initially being “coached” in their responses regarding their relationship with their mother. The attorney knew that the quality of the relationship was quite different from the way it was initially being portrayed in the interviews with the children. The court eventually decided to conduct private interviews with the children as a result of the attorney’s information. Clearly, we can see that attorneys often play a pivotal role when they function as “best interest” advocates in this manner.

Contact the Murphy Law Firm for More Information

If you want to know more, or if you have a present matter which needs attention, we encourage you to reach out immediately to one of the leading attorneys at the Murphy Law Firm today by calling 240-219-9311.