Discretionary appointment of counsel

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Legislation, Custody Disputes - Children

The divorce and dissolution of marriage code indicates that, upon motion or on its own initiative, a court may appoint counsel for a child "with respect to the custody, support, and visitation of the minor or in any other legal proceeding involving the minor's welfare." Alaska Stat. § 25.24.310(a).

However, “[w]hen custody, support, or visitation is at issue in a divorce, it is the responsibility of the parties or their counsel to notify the court that such a matter is at issue” and upon notification, “the court shall determine whether the minor or other child should have legal representation or other services and shall make a finding on the record before trial. If the parties are indigent or temporarily without funds, the court shall appoint the office of public advocacy.”  Id.

Appointment of Counsel: discretionary Qualified: no