In most California child custody cases, minors cannot directly testify or speak to the presiding judge, and as a result, the court often appoints a minor’s counsel whose job it is to interview the child and share their findings with the court. The minor’s counsel is intended to speak with a neutral voice on the child’s behalf – without pushing the child to align with one parent or the other and without compromising the child’s legal rights or emotional welfare in the process. Primarily, the minor’s counsel is tasked with ascertaining the child’s best interests outside the emotions that typically accompany challenging divorce cases, including those based on the following:
child neglect
child abuse
high conflict divorce
addiction concerns
It is important to note that the minor’s counsel represents the child alone, and if there is more than one child involved, the court may appoint each child their own minor’s counsel. If the parents cannot afford to cover the cost of the minor’s counsel, the county may cover the cost. Such an occurrence is atypical, however, and one or both parents are generally required to pay the legal fees.