The rest of what we have written about Maryland. Every figure is quoted from Maryland’s own statute or its courts’ own published schedule, and carries the date we last checked it.
Guardians ad litem and child representation in Maryland: who they are, what they owe your child, and who pays
If custody is contested in Maryland, the court can appoint someone to look into your family and report to the judge. This page is what Maryland’s own statutes and court rules say about who that person is, what duty they owe, and — the part almost nobody asks in time — who pays for them.
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Everything below is traced to Maryland’s own statute or court rule, quoted where the wording matters. Where we could not verify something from a primary source, the page says so in plain terms rather than filling the space. This is information, not legal advice. Corrections go up at thecusp.app/corrections.
What the role is called here
Names matter more than they look. A guardian ad litem generally argues for what they judge is best for your child and is not your child’s lawyer. An attorney for the child argues for what your child actually wants. Those are opposite duties. The four roles, explained in full.
How an appointment happens
In an action in which custody, visitation rights, or the amount of support of a minor child is contested, the court may: (1)(i) appoint a lawyer who shall serve as a child advocate attorney to represent the minor child… or (ii) appoint a lawyer who shall serve as a best interest attorney to represent the minor child…
Source: Md. Code, Family Law § 1-202; Md. Rule 9-205.1 · source
What duty they owe your child
hybrid/dual role — Maryland names three distinct attorney roles with different duty standards
unverified — FL § 1-202 itself does not state the duty standard by role; per the Harford County Circuit Court’s official description of Md. Rule 9-205.1: an ‘Advocate’ attorney ‘advocates the child’s desire to the court,’ a ‘Best Interest Attorney’ ‘considers the child’s desire, but also gathers information from other sources and makes a recommendation to the Court,’ and a ‘Privilege Attorney’ ‘decides if a child’s privileged communication with a therapist should be waived.’
Source: Md. Code, Family Law § 1-202; Md. Rule 9-205.1 · source
Who can be appointed
Md. Code, Family Law § 1-202(a)(1) authorizes the court to ‘appoint a lawyer’ to serve in each of these roles, and subsection (b) requires that ‘a lawyer appointed under this section shall exercise ordinary care and diligence’ — all three roles under Rule 9-205.1 are attorney positions.
Who pays
impose counsel fees against one or more parties to the action
Source: Md. Code, Family Law § 1-202(a)(2) · source
none found in Family Law § 1-202 or Md. Rule 9-205.1 as a statewide provision; the Harford County Circuit Court’s own page states ‘Limited scholarships are available with financial documentation attached to a completed Fee Waiver Request form sent to the Court for approval,’ but this appears to be local county practice rather than a statewide statutory or rule-based indigency provision, so it is not cited as a verified statewide rule.
Harford County Circuit Court (part of the Maryland Judiciary) publishes an hourly rate range of $250/hour-$425/hour for attorneys for children appointed under Md. Rule 9-205.1 — this is a county-level published rate on an official Maryland Judiciary page, not a verified statewide rate or cap.
Custody evaluations
Maryland governs court-ordered custody evaluations and investigations separately from the appointment of a guardian ad litem. An evaluator is a witness, not an advocate — and their recommendation is a recommendation, not a ruling a judge is bound by.
Source: Md. Rule 9-205.3 · source
Before an evaluation begins, it is worth asking which psychological instruments will be used. The peer-reviewed literature is openly critical of several still in circulation — one has interrater reliability reported as ranging from 50% to 100%. The evidence, in full.
The thing worth knowing about Maryland
Maryland is one of the few states with a formally named third representation role beyond the usual best-interest/wishes split: the ‘Child’s Privilege Attorney,’ whose sole function is to decide whether the child’s privileged communications with a therapist should be waived and disclosed to the court, distinct from both the wishes-driven ‘Child Advocate Attorney’ (formerly called guardian ad litem/child’s attorney) and the independent-judgment ‘Best Interest Attorney.’
Other states
Related
- Guardians ad litem, child’s attorneys and custody evaluators — the four roles, the science, and what to ask
- Maryland child custody — how custody is decided here
- Getting your finances in order — including who pays the lawyers
- Co-parenting — after the order is made