Lawyer Representing Minors in San Diego Family Law Proceedings
Most parents believe they know what is best for their children. Generally, this may be true in many situations. However, where conflict
is high between parents in child custody cases, overriding emotions can highjack reason and good judgment. In such highly-charged cases, it can be difficult for parents and judges to determine what
is best for the child. To clarify the matter, judges can appoint an independent lawyer to represent their child's best interests. Such an attorney is known as a minor's counsel. this representation
has been established under California family law. Attorneys appointed for this purpose must fulfill court requirements.
The Role of Minor's Counsel in California Family Law
The minor's counsel's job is to represent the best interests of the child in determining child custody. This attorney represents the child
solely and does not act in any way on behalf of either parent. His or her role is to independently determine what would be best for the child and, if the child is mature enough to have a valid
opinion, what the child's preference would be in terms of custody arrangements.
A minor's counsel has the authority to gather information about the child through many avenues, such as:
- Direct discussions with the child without parental presence
- Interviews with teachers, coaches, doctors, and any other persons relevant to the child's life
- Requests for physical and/or psychological exams by professionals
Once the investigation into the child's life and activities is complete, the minor's counsel submits a report to the court for review. This
report will contain the findings of the investigation, can raise concerns about any aspect of what has been found, and report what the minor's counsel believes to the in the child's best interests.
Becuase this report and its suggestions are based on a throrough and independent investigation into the child's life free of perental influence or opinion, courts generally give them considerable
significance in deciding custody disputes.
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