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Portland, OR family law attorney Matthew Muenzen talks about how an attorney for a child is different than an attorney for an adult. He notes that in Oregon family law cases where children are appointed attorneys, there are generally two approaches to representing a child, depending on the child’s age and capacity. For younger children, the attorney typically advocates for the child’s best interests, as these children are often unable to articulate a clear preference regarding matters such as living arrangements or time spent with each parent.
For older children, the attorney acts as an advocacy lawyer, representing the child’s expressed interests and preferences. The key distinction is that representing a child can involve advocating for their best interests when they cannot fully express a position, whereas representing a parent always involves advocating for that parent’s specific interests.
