CUSTODY ADVOCACY TEAM::
Frequently
Asked Questions
How does the Council for Children's Rights’ Custody
Advocacy Program become involved in a case?
CAP accepts court appointments to represent any child
residing in Mecklenburg county whose parents are engaged
in a hotly contested custody case. The CAP team is
appointed by the court or upon a motion by the parties
in cases that involve high conflicts, sexual or physical
abuse allegations, substance abuse allegations, or
mental disorders. These cases are the most difficult
to resolve, as the parties have either failed to successfully
mediate conflicts through the court system or have
waived mediation due to domestic violence allegations.
Who does CAP serve?
Our client is always the child. Clients come from all
social, economic, and racial backgrounds.
What is the goal of CAP?
The focus of the Custody Advocate Program is to effectively
represent the best interests of children in custody
and visitation cases. We try to resolve the conflicts
between the parties outside of court, minimize the
victimization of children involved in custody disputes, promote effective co-parenting, an ensure optimal placement of the child. In the event that the custody
dispute cannot be resolved outside of court, the
CAP team makes recommendations to the court that serves
the child’s best interests.
How does CAP serve children?
The Custody Advocate Program utilizes a structured
team approach to investigate each case. The CAP team
consists of a staff attorney, a volunteer attorney
from the local BAR association, and a trained custody advocate.
The CAP team interviews clients and collateral witnesses,
conducts home visits, gathers school, medical and
mental health records as well as other required
documents, conducts settlement conferences, attends
party depositions, drafts motions and other court
related documents, and prepares for and attends trial.
The staff attorney fills an ongoing advisory role
to the other team members and provides direct representation
of the child when needed.
Is there a cost associated with CAP services?
Our services are provided on a sliding fee scale based
on the income of the parties.
Why does CAP use so many volunteers?
Because of the high volume of cases and the complexity
of custody and visitation issues, effective case
management demands heavy involvement from pro bono
attorneys and community volunteers. Volunteer attorneys
and advocates donate skill and legal expertise to
effectively represent the best interests of children.
This amount of volunteer work allows the CAP program
to reallocate staff hours for case investigation,
direct litigation, team supervision, volunteer training
and program structuring.
Why is CAP unique?
No other agency in North Carolina provides pro bono
representation to children in high conflict contested
custody/visitation disputes. We never represent parents;
our allegiance is always to the child involved.
I am an attorney who cares about kids, how can
I get involved?
You can become a Volunteer Attorney! CAP Volunteer
Attorneys conduct settlement conferences; attend party
depositions; draft motions and other court related
documents; and prepare for and attend trial. Volunteer
attorneys donate their legal expertise to effectively
advocate on behalf of those children who are caught
in the middle of the most contested situations.
CAP training sessions take place in May and December
of each year, with videotape training available throughout
the year. CAP training sessions are included in the
Continuing Legal Education Program at a reduced rate
for pro bono credit to attorneys who commit to volunteering
with our program.
I am a community volunteer who cares about kids,
how can I get involved?
You can become a Volunteer Advocate! CAP Volunteer
Advocates interview clients and collateral witnesses;
conduct home visits; and gather school, medical and
mental health records, as well as other required documents.
CAP training sessions occur in May and December of
each year, with videotape training available throughout
the year. |
