Right to counsel
In private custody proceedings, children are entitled to counsel if “a prima facie case is presented that a parent or other person caring for the child has sexually, physically or emotionally abused the child, or knew or should have known that the child was being abused.” La. Rev. Stat. Ann. § 9:345(B).
Otherwise, appointment is discretionary if “the court determines such appointment of counsel would be in the best interest of the child.” La. Rev. Stat. Ann. § 9:345(A), and in proceedings to determine whether to award visitation rights to grandparents or others. See La. C.C. Art. 136(C).
The costs of the representation “shall be apportioned among the parties as the court deems just, and if the parties’ ability to pay is limited, the court shall attempt to secure … representation without compensation.” La. Rev. Stat. Ann. § 9:345(F).
