Discretionary appointment of counsel

Washington D.C. , Legislation , Custody Disputes - Parents

If a third party seeks to obtain custody of a child and such a proceeding is consolidated with an abuse/neglect or termination proceeding, the birth parents have a right to appointed counsel, while the court has discretion to appoint counsel for the third party. D.C. Code § 16-831.02(c)(2), (3).

In any third party custody proceeding regardless of consolidation, the court has the discretion to appoint counsel for the parents if it deems it necessary “in the interests of justice”, and it can also appoint counsel for the third party. D.C. Code § 16-831.06(c).

Appointment of Counsel: Yes
Qualified: Yes
? If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.