In cases with alleged abuse, use of controlled substances, domestic violence or high levels of conflict, the court may order an attorney(s) for the children. The attorney for the children is also known as Minor’s Counsel.

You have an attorney for the Husband. You have an attorney for the Wife. In addition, you now have an attorney for the children. There may even be an attorney appointed for each child if the circumstances warrant it.

The role of Minor’s Counsel is to represent the child’s best interest in cases where custody and visitation are hotly disputed. It is the public policy of the state of California to assure that the health, safety and welfare of children shall be the court’s primary concern in determining the best interest of the children when making orders regarding custody or visitation of children.

How do children get appointed an attorney? Normally Family Court Services, which prepares the proposed custody and visitation recommendations for the judges, will make a recommendation in their report for the appointment of Minor’s Counsel. The judge will normally appoint an attorney for the children based on allegations of child abuse, recommendations of Family Court Services, or child neglect. The judge may make the order of his/her own volition.

Minor’s Counsel gets his fees paid by the parents or the County.

Because the court views the Minor’s Counsel as a "neutral" player, this attorney carries a lot of weight with the court.

The attorney for the minor has certain duties to perform among those being:

• Interviewing the children;

• Reviewing the court file and accessible relevant records;

• Making collateral contacts as the counsel deems necessary; and

• At the court’s request, prepare a report setting forth the issues, a summary of information
received by counsel and the results of counsel’s investigations.

Minor’s Counsel shall have the following rights:

• Reasonable access to the child;

• Standing to seek affirmative relief on behalf of the minor;

• Notice of any proceedings and requests for examination of their clients;

• Access to their client’s medical, dental, mental health, school and educational records; and
More, see Family Law Code § 3151.