Right to counsel

Massachusetts , Legislation , Custody Disputes - Children

in Balboni v. Balboni, 654 N.E.2d 937, 938 (Mass. Ct. App. 1995), the court held that in a divorce proceeding, a child must be appointed counsel pursuant to M.G.L. ch. 119, § 29 if the child is not able to retain counsel when involvement of the Department of Social Services becomes imminent and the judge is considering awarding custody of the children to the Department of Social Services.

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.