Yes, the family court may appoint an attorney to represent the child’s interests in a custody or visitation proceeding if the court determines that doing so would be in the child’s best interest. This attorney is sometimes referred to as minor’s counsel.
The court may also appoint counsel for the child at the request of any of the following:
In appointing an attorney for the child, both the court and the attorney must comply with the requirements in California Rules of Court Rule 5.240, 5.241, and 5.242 on the appointment, compensation, qualification, rights, and responsibilities of counsel appointed to represent a child in family law proceedings.
The court orders appointing or terminating counsel for the child must always be written. And in order to reduce confusion, conflict, and delay that may be brought about by a misunderstanding of the child’s counsel’s efforts and rights to represent the child independently, family courts will often include in these orders the express rights of the child’s counsel at the time of appointment.
The role of a child’s counsel is to gather evidence to support what is in the best interest of the child and to present this evidence to the court. This includes reporting to the court the wishes of the child if the child wants it to be known to the court.
Part of the duties of a child’s counsel is to interview the child, review the court files and all accessible relevant records available to both parties. The child’s counsel, if necessary, must make further investigations in order to ascertain evidence relevant to the custody or visitation hearing. Counsel may introduce and examine witnesses, present arguments to the court concerning the child’s welfare, and participate in the proceeding to the degree necessary to represent the child adequately.
If the child is to testify in court, it is the duty of counsel to inform the child in a manner understandable to him or her about limitations on confidentiality and the possibility that information may be on record and provided to the parties of the case. The attorney must allow but not require the child to state his preference regarding custody and visitation and inform the child about how the court makes a decision. Counsel must orient the child as to the procedure relevant to his participation and the venue where the child will testify. It is also the duty of the child’s counsel to inform the court and parties about the child’s desire to provide input.
The rights of the child’s counsel may be expressed in the order appointing minor’s counsel and include, among others:
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