Discretionary appointment of counsel

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.

Subsection (c) makes clear that the court has discretion to appoint a guardian ad litem (GAL) instead of an attorney, and the GAL may or may not be an attorney. In addition, appointment of a GAL is required in certain circumstances:

Instead of, or in addition to, appointment of an attorney under (a) of this section, the court may, upon the motion of either party or upon its own motion, appoint an attorney or other person or the office of public advocacy to provide guardian ad litem services to a child in any legal proceedings involving the child’s welfare. The court shall require a guardian ad litem when, in the opinion of the court, representation of the child’s best interests, to be distinguished from preferences, would serve the welfare of the child.

Alaska Stat. § 25.24.310(c) (emphasis added).