598.12A Attorney for minor child.
1. The court may appoint an attorney to represent the minor child or children of the parties. If appointed under this section, the child’s attorney shall be solely responsible for representing the minor child or children. The child’s attorney shall be independent of the court and other parties to the proceeding and shall be unprejudiced and uncompromised in the attorney’s independent actions.
a. Unless otherwise enlarged or circumscribed by a court having jurisdiction over the child or by operation of law, the duties of an attorney with respect to a child shall include all of the following:
(1) Conducting an initial in-person interview with the child, if the child’s age is appropriate for the interview, and interviewing each parent, guardian, or other person having custody of the child if authorized by the person’s legal counsel.
(2) Maintaining regular contact with the child.
(3) Interviewing any person providing medical, mental health, social, educational, or other services to the child, as necessary to advance the child’s interests.
(4) Obtaining knowledge of facts, circumstances, and the parties involved in the matter as necessary to advance the child’s interests.
(5) Attending any depositions, hearings, and trials in the matter and filing motions or responses or making objections when necessary. The child’s attorney may cause witnesses to appear, offer evidence on behalf of the child, and question witnesses. The child’s attorney may offer proposed or requested relief and arguments in the same manner allowed the parties by the court. However, the child’s attorney shall not testify, serve as a witness, or file a written report in the matter.
b. The order appointing the child’s attorney shall grant authorization to the child’s attorney to interview any relevant person and inspect and copy any records relevant to the proceedings, if not prohibited by federal law. The order shall specify that the child’s attorney may interview any person providing medical, mental health, social, educational, or other services to the child; may attend any meeting with the medical or mental health providers, service providers, organizations, or educational institutions regarding the child, if deemed necessary by the child’s attorney; and may inspect and copy any records relevant to the proceedings. The parent, guardian, or other person having custody of the child shall immediately execute any release necessary to allow the child’s attorney to effect the authorization granted under this paragraph.
2. The same person shall not serve as both the child’s guardian ad litem and the child’s attorney, nor shall the same person serve as both the child and family reporter and as the child’s attorney.
3. The court shall enter an order in favor of the child’s attorney for fees and disbursements as submitted by the child’s attorney, and the amount shall be charged against the party responsible for court costs unless the court determines that the party responsible for court costs is indigent, in which event the amount shall be borne by the county.
2017 Acts, ch 43, §3
Referred to in §598.10, 600B.40
Structure Iowa Code
Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES
Chapter 598 - DISSOLUTION OF MARRIAGE AND DOMESTIC RELATIONS
Section 598.2 - Jurisdiction and venue.
Section 598.2A - Choice of law.
Section 598.3 - Kind of action — joinder.
Section 598.4 - Caption of petition for dissolution.
Section 598.5 - Contents of petition — verification — evidence.
Section 598.6 - Additional contents.
Section 598.8 - Hearings — exceptions.
Section 598.9 - Residence — failure of proof.
Section 598.10 - Temporary orders.
Section 598.11 - How temporary order made — changes — retroactive modification.
Section 598.12 - Guardian ad litem for minor child.
Section 598.12A - Attorney for minor child.
Section 598.12B - Child custody investigators and child and family reporters.
Section 598.13 - Financial statements filed.
Section 598.14A - Retroactive modification of temporary support order.
Section 598.14B - Child visitation — temporary custody orders.
Section 598.15 - Mandatory course — parties to certain proceedings.
Section 598.16 - Conciliation — domestic relations divisions.
Section 598.17 - Dissolution of marriage — evidence.
Section 598.18 - Recrimination not a bar to dissolution of marriage.
Section 598.19 - Waiting period before decree.
Section 598.19A - Mandatory course — parties to certain proceedings.
Section 598.20 - Forfeiture of marital rights.
Section 598.20A - Beneficiary revocation — life insurance.
Section 598.20B - Beneficiary revocation — other contracts.
Section 598.21 - Orders for disposition of property.
Section 598.21A - Orders for spousal support.
Section 598.21B - Orders for child support and medical support.
Section 598.21C - Modification of child, spousal, or medical support orders.
Section 598.21D - Relocation of parent as grounds to modify order of child custody.
Section 598.21E - Contesting paternity to challenge child support order.
Section 598.21F - Postsecondary education subsidy.
Section 598.21G - Minor parent — parenting classes.
Section 598.22A - Satisfaction of support payments.
Section 598.22B - Information required in order or judgment.
Section 598.22C - Child support — social security disability dependent benefits.
Section 598.22D - Separate fund or conservatorship for support.
Section 598.23 - Contempt proceedings — alternatives to jail sentence.
Section 598.24 - Costs if party is in default or contempt.
Section 598.25 - Parties and court granting marriage dissolution decree — notice.
Section 598.26 - Record — impounding — violation indictable.
Section 598.28 - Separate maintenance and annulment.
Section 598.29 - Annulling illegal marriage — causes.
Section 598.30 - Validity determined.
Section 598.31 - Children — legitimacy.
Section 598.32 - Annulment — compensation.
Section 598.33 - Order to vacate.
Section 598.34 - Recipients of public assistance — assignment of support payments.
Section 598.35 - Grandparent — great-grandparent — visitation rights.
Section 598.36 - Attorney fees in proceeding to modify order or decree.
Section 598.41 - Custody of children.
Section 598.41A - Visitation — history of crimes against a minor.
Section 598.41B - Visitation — restrictions — murder of parent.
Section 598.41C - Modification of child custody or physical care — active duty.
Section 598.42 - Notice of certain orders by clerk of court.