Discretionary appointment of counsel

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Legislation, Custody Disputes - Children

Neb. Stat. § 42-358(1) allows judges to appoint counsel for minors:

 

The court may appoint an attorney to protect the interests of any minor children of the parties. Such attorney shall be empowered to make independent investigations and to cause witnesses to appear and testify on matters pertinent to the welfare of the children. The court shall by order fix the fee . . . for such attorney, which amount shall be . . . paid by the parties as ordered. If the court finds that the party responsible is indigent, the court may order the county to pay the costs.

 

Additionally, Neb. Stat. § 2616 provides that for termination of a guardianship of a minor, "[i]f, at any time in the proceeding, the court determines that the interests of the ward are, or may be, inadequately represented, it may appoint an attorney to represent the minor, giving consideration to the preference of the minor if the minor is fourteen or more years of age."

Appointment of Counsel: discretionary Qualified: no