Discretionary appointment of counsel

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Legislation, Custody Disputes - Children

For actions under the Illinois Marriage and Dissolution of Marriage Act, in any proceedings involving the support, custody, visitation, education, parentage, property interest, or general welfare of a minor or dependent child, the court may, on its own motion or that of any party, appoint an attorney to serve as attorney, GAL, or child representative (the statute defines each). 750 Ill. Comp. Stat. Ann. 5/506(a).


Regarding payment for appointed counsel, the statute goes on to state as follows: 


The court shall enter an order as appropriate for costs, fees, and disbursements, including a retainer, when the attorney, guardian ad litem, or child's representative is appointed. Any person appointed under this Section shall file with the court within 90 days of his or her appointment, and every subsequent 90-day period thereafter during the course of his or her representation, a detailed invoice for services rendered with a copy being sent to each party. The court shall review the invoice submitted and approve the fees, if they are reasonable and necessary. Any order approving the fees shall require payment by either or both parents, by any other party or source, or from the marital estate or the child's separate estate.

Id. at (b).

Appointment of Counsel: discretionary Qualified: no