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September 12, 2025

When the Court Steps In: Types of Family Law Cases That Get a Court-Appointed Attorney

Some family law cases are so serious, so sensitive, that the court steps in to make sure no one is left to face them alone. In these situations, a court-appointed attorney may be assigned, not as a punishment, but as protection. If you’re wondering what kinds of cases qualify, you’re in the right place. Let’s walk through when and why the court makes that call.

🪑 Let’s Talk About When the Court Steps In

In the world of family law, not every case comes with a Montgomery divorce lawyer. Some situations are just too serious, too complicated, or too risky to go it alone. When someone’s rights, safety, or future are on the line, the court will call upon a group of attorneys that joined a group, ready to defend those who don’t have the financial means to defend themselves.

Now, we know it can feel a little strange to have a lawyer assigned instead of chosen. Trust us, when the court does this, it’s not trying to take away your voice; it’s making sure you have one. Understanding why they do it can help take some of that fear out of the process.

So let’s break down the kinds of cases where court-appointed attorneys are often part of the picture.

👩‍⚖️ 1. Contested Custody and Visitation Cases

Custody battles can get emotionally charged, especially when parents don’t agree on where the child should live, how visits should work, or who gets to make the big decisions.

When a parent in a contested custody case can’t afford a lawyer, the court may appoint one to make sure both sides are represented—because custody decisions shape a child’s entire future.

If there’s any sign of risk to a child’s well-being or an imbalance in power between the parents, the judge might say, “Let’s level the playing field.” The court is most likely to appoint an attorney when the case is high-conflict, involves abuse allegations, or ties into another agency like DHR.

🧒 2. DHR Involvement (Child Abuse, Neglect, or Reunification Cases)

If the Department of Human Resources (DHR) gets involved in your family, things can move fast, and the consequences can be life-changing.

Whether it’s a claim of neglect, concerns about your child’s living conditions, or a request to place a child in foster care, these cases are serious. The court may appoint attorneys for:

  • The parents
  • The child
  • Sometimes both

You might also see a Guardian ad Litem (GAL) appointed here; a lawyer who represents the child’s best interests in the eyes of the court.

In these cases, having legal guidance isn’t just helpful, it’s essential. Appointed attorneys help protect your rights as a parent while ensuring the court has the information it needs to make sound decisions for your child.

🏛️ 3. Juvenile Court and Dependency Cases

When a child is alleged to be dependent (meaning they don’t have proper care or supervision), the court steps in to figure out whether the child is safe at home or needs temporary placement elsewhere.

These cases can involve:

  • Accusations of abuse or neglect
  • Concerns over truancy or behavioral issues
  • Situations where a parent is incarcerated or hospitalized

The court may appoint attorneys for parents, guardians, or children involved in these matters—especially if the outcome could result in a loss of parental rights, placement in foster care, or long-term changes to the family dynamic. In Alabama, courts take dependency cases seriously. The law says no one should face these cases alone if they can’t afford a lawyer.

👨‍👩‍👧 4. Guardians ad Litem (GAL) Cases

Let’s take a moment to shine the spotlight on Guardians ad Litem, or GALs. These court-appointed attorneys don’t represent the parents—they represent what’s best for the child or another vulnerable person.

GALs are appointed in cases like:

  • Custody or visitation disputes
  • DHR involvement
  • Allegations of abuse
  • Adult guardianship proceedings (for elders or disabled individuals)

Their role is to investigate the situation, talk with the child (when appropriate), gather information from the home, school, and community, and report back to the court with a recommendation. Think of a GAL as the child’s voice in a courtroom full of adult concerns. They’re there to center the child’s needs, safety, and long-term stability.

⚖️ 5. Termination of Parental Rights (TPR) Cases

This is one of the most serious types of family law cases in Alabama. If the state seeks to terminate your rights as a parent—meaning you could lose legal custody and contact with your child permanently—the court must appoint an attorney if you can’t afford one.

These cases often follow long DHR involvement or dependency findings and require clear, convincing evidence. But no one should face such life-altering consequences without legal protection.

A court-appointed attorney in a TPR case will work to defend your rights, evaluate evidence, and make sure the court follows due process before making such a final decision.

📝 Cases Where Court-Appointed Attorneys Are Not Typically Available

While the court may step in for high-stakes or state-involved cases, there are several family law situations where you’re not likely to receive a court-appointed attorney:

  • Uncontested Divorce
  • Name changes
  • Adoptions without state involvement
  • Property-only disputes in divorce
  • Child support enforcement (unless incarceration is on the table)

In these cases, you must hire your own lawyer or proceed pro se (representing yourself).

🌿 Why the Court Appoints, And Why It Matters

At the heart of every court appointment is one simple truth:
The law recognizes that justice can’t happen if only one side has a voice.

Whether it’s your child’s future, your ability to parent, or your place in your own family—that’s not something to face alone. The court appoints attorneys in these cases to make sure no one is left in the dark.

And if we’re the ones appointed to your case? We take that responsibility to heart.

💬 When the Court Picks Us, We Are Ready to Join You!

If your case falls into one of these categories, and you’ve been told a lawyer will be appointed to help, you’re not being pushed aside. You’re being brought in. You didn’t come looking for us, but now that we’re here, we’re all in. We will answer your questions. We will fight for your rights. We will walk with you toward whatever’s next. When the court steps in, we step in for you.

 

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