Training for lawyers representing children in custody cases should cover:
1.Relevant state and federal laws, agency regulations, court decisions, and court rules.2.The legal standards applicable in each kind of case in which the lawyer may be appointed, including child custody and visitation law.3.Applicable representation guidelines and standards.4.The court process and key personnel in child-related litigation, including custody evaluations and mediation.5.Children's development, needs, and abilities at different ages.6.Communicating with children.7.Preparing and presenting a child's viewpoints, including child testimony and alternatives to direct testimony.8.Recognizing, evaluating, and understanding evidence of child abuse and neglect.9.Family dynamics and dysfunction, domestic violence, and substance use disorder.10.The multidisciplinary input required in child-related cases, including information on local experts who can provide evaluation, consultation, and testimony.11.Available services for child welfare, family preservation, medical care, mental health, education, and special needs, including placement, evaluation and diagnostic, and treatment services, and provisions and constraints related to agency payment for services.12.Basic information about state and federal laws and treaties on child custody jurisdiction, enforcement, and child abduction.Iowa. Stand. Prac. Lawy. Repre. Child. Cust. Case. VI
Court Order 8/28/2018; court order January 26, 2024, effective 1/26/2024.Commentary
[1] Courts, bar associations, and other organizations should sponsor, fund, and participate in training. They should also offer advanced and new-developments training and provide mentors for lawyers who are new to child representation. Training in custody law is especially important because not everyone seeking to represent children will have a family law background. Lawyers must be trained to distinguish between the different kinds of cases in which they may be appointed and the different legal standards to be applied.
[2] Training should address the impact of spousal or domestic partner violence on custody and parenting time and any statutes or case law regarding how allegations or findings of domestic violence should affect custody or parenting time determinations. Training should also sensitize lawyers to the dangers that domestic violence victims and their children face in attempting to flee abusive situations and how that may affect custody awards to victims.