WestLake village Child Custody Attorney, WHAT IS A MINOR’S COUNSEL?

The Court may appoint counsel to represent a child’s best interest on its own motion or on request by a party, a party’s attorney, the child or a relative of the child.

Family Code §3150 provides:

(a) If the court determines that it would be in the best interest of the minor child, the court may appoint private counsel to represent the interests of the child in a custody or visitation proceeding, provided that the court and counsel comply with the requirements set forth in Rules 5.240, 5.241, and 5.242 of the California Rules of Court.

(b) Upon entering an appearance on behalf of a child pursuant to this chapter, counsel shall continue to represent that child unless relieved by the court upon the substitution of other counsel by the court or for cause. (Am Stats 2010, C352)

Appointment of counsel to represent a child in family law proceedings – Appointment Considerations:

California Rules of Court 5.240 provides, “In considering appointing counsel under Family Code section 3150, the court should take into account the following factors, including whether”:

(1) The issues of child custody and visitation are highly contested or protracted;

(2) The child is subjected to stress as a result of the dispute that might be alleviated by the intervention of counsel representing the child;

(3) Counsel representing the child would be likely to provide the court with relevant information not otherwise readily available or likely to be presented;

(4) The dispute involves allegations of physical, emotional, or sexual abuse or neglect of the child.

(5) It appears that one or both parents are incapable of providing a stable, safe, and secure environment;

(6) Counsel is available for appointment who is knowledgeable about the issues being raised regarding the child in the proceeding;

(7) The best interest of the child appears to require independent representation; and

(8) If there are two or more children, any child would require separate counsel to avoid a conflict of interest.

Family Code §3151(c)(1), which gives minor’s counsel the right to reasonable access to a child, is justified by the compelling state interest in protecting that child’s best interests in a custody dispute. Hence, the parents’ constitutional rights are not infringed upon when minor’s counsel is appointed pursuant thereto.

Family Code §3184 allows a mediator to recommend to the court that counsel for the child be appointed to represent the minor child. In making this recommendation, the mediator shall inform the court of the reasons why it would be in the best interest of the minor child to have counsel appointed. (Am Stats 2002, C1077).

Family Code §7861 provides, “The court shall consider whether the interests of the child require the appointment of counsel. If the court finds that the interests of the child require representation by counsel, the court shall appoint counsel to represent the child, whether or not the child is able to afford counsel. The child shall not be present in court unless the child so requests or the court so orders. (Ad Stats 1992, C 162)”