Everyone deserves to have their voice heard. So does your child.

In custody and visitation cases in the state of California, if a court determines it would be in the best interest of the child, the court may appoint private counsel to represent the child.

Minor’s counsel is not a custody evaluator, a guardian ad litem, nor an expert. Rather, minor’s counsel is an attorney who represents the child in the custody and visitation proceedings in the same way mother and father’s attorneys represent them. Minor’s counsel ensures the child has a voice in the case by presenting the child’s wishes to the court, if the child so desires, presenting evidence of what custody and visitation scenario would be in the best interest of the child, and potentially offering a recommendation as to custody.

Duties of minor’s counsel are similar to those of mother or father’s attorney and include interviewing the child, reviewing court files and all relevant records available to either party, gathering evidence, and engaging in further investigation if necessary to determine and present the best interest of the child in custody or visitation hearings.

Sounds Great – So, When and How Is Minor’s Counsel Appointed?

Minor’s counsel is not automatically appointed for a child in all custody or visitation cases. Rather, minor’s counsel is only appointed by the Court “if the court determines that it would be in the best interest of the minor child.” The Court may decide to appoint minor’s counsel of its own accord, or minor’s counsel may be requested by: a party in the case (usually mother or father), a mediator, custody evaluator, guardian ad litem, district attorney or other prosecutor authorized to prosecute child abuse and neglect or child abduction cases, the child him/herself, or any other person whom the court deems appropriate to make the request. It’s important to note that while you can request minor’s counsel be appointed, the final decision as to whether to appoint minor’s counsel and the attorney who shall be appointed as minor’s counsel is a decision made by the judge.

Do I have to Pay for Two Attorneys Now?

It depends. The Court will determine how the attorney acting as Minor’s Counsel will be paid on a case-by-case basis. Often, the cost is divided between both parents. If it is equitable under the financial circumstances of the parties, one parent may bear the entire cost. In other cases, if one or both parents is indigent but the Court finds appointment of Minor’s Counsel necessary, the County may be ordered to bear the cost of Minor’s Counsel on behalf of the parents.

So, you’re involved in a custody and visitation case with the other parent of your child. Should you request the appointment of minor’s counsel?

Minor’s Counsel is generally appointed in highly contested child custody cases. Pursuant to California Rule of Court 5.240, the Court will consider the following about your case when determining whether appointment of Minor’s Counsel is appropriate:

• Whether there are highly contested or protracted issues of child custody and visitation;
• Whether the child is subject to stress because of the parent’s dispute that could be alleviated if they were represented by counsel;
• How likely it is that minor’s counsel would be able to provide the Court with relevant information that is not otherwise available to or not likely to be presented by the parents’ counsel;
• Whether there are allegations of abuse or neglect of the child;
• Whether it appears one or both parents are incapable of providing a stable, safe, and secure environment for the child; and
• Whether it is in the best interest of the child that they have independent representation.

Basically, Minor’s Counsel is only supposed to be appointed in contested, sensitive cases. It is the exception and not the rule. However, if your custody and visitation case involves any of the above, appointment of Minor’s Counsel could be highly beneficial for your child.

In contested and sensitive cases such as these, it is important not to lose sight of the goal: serving the best interest of the child.

Minor’s Counsel ensures the Court can hear from the child themselves and what really would be in their best interest, as well as the child’s preferences.

What better way to determine what is in the child’s best interest, than hearing from the child themselves?

After all: Everyone deserves to have their voice heard. So does your child.