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Portland, OR family law attorney Matthew Muenzen talks about why attorneys are sometimes appointed to represent minors. He states that in domestic relations cases—such as divorces or modifications of parenting plans—a child is typically not considered a party to the case; rather, the parties are the parents. However, given the high-conflict nature of many of these cases and the reluctance of judges to require children to testify, particularly against one parent, Oregon law provides a mechanism to ensure children’s voices are heard without putting them directly on the stand.
Under Oregon statute, if a child requests an attorney in a family law matter, the court is required to appoint one. Additionally, a judge has the discretion to appoint an attorney for the child if either parent makes such a request. This process allows children to have legal representation, ensures their perspectives are considered, and helps minimize the emotional burden of testifying in open court.