A dissolution/divorce action can be very emotional. The unknown can be quite scary. At times one parent is angry or hurt. One parent can be so angry and perhaps so hurt that they forget to act in their children’s best interest. If a dissolution/divorce action becomes so acrimonious or the parties make allegation of domestic violence, child abuse or that the children of the marriage do not want to visit with a parent, the Court can appoint an attorney for the minor children, which is known as Minor’s Counsel. This appointment is pursuant to California Family Code § 3150.
Minor’s Counsel’s role is that of the minor children’s legal representative. Once an attorney is appointed by the court to represent the parties minor children an order will be issued. This order allows for minor’s counsel to have access to the courts entire file, authority to request access to all school and medical records for the children, and allows the attorney for the children to interview and speak with counselors and medical providers.
Minor’s counsel will then interview the minor children and any other parties deemed necessary, such as the parents, new significant others, teachers, doctors, counselors etc.
Minor’s counsel then gather’s information from various people and sources in order to obtain a true picture of the facts as to the present custody arrangements and provides those facts to the court so that the Court can make a determination as to custody and visitation that is in the children’s best interest.
If your child needs representation, Bettina Yanez is an Orange County appointed minor's attorney. Call 714-971-8000 today to speak to a family law legal specialist to assist you through the process.