18
Nov

If you have a high-conflict custody case, you may have heard of the term “minor’s counsel” from the other party or the court.  A “minor’s counsel” is an attorney appointed either by the court or by agreement between the parties to represent the interest of the minor children. California Family Code Section 3150 provides for the selection and appointment of a minor’s counsel, whose fees are generally paid by the parents. If the parents are low income earners, the minor’s counsel’s fees can be advanced or paid by a program funded by the County, PACE.  A minor’s counsel charges anywhere from $130.00 to $450.00 per hour.

A minor’s counsel’s tasks are to interview the parties, the children and any other necessary individuals and report his or her findings to the judge.  As stated in the Family Law codes, the role of a minor’s counsel “is to gather facts that bear on the best interest of the child, and present those facts to the court, including the child’s wishes when counsel deems it appropriate for consideration by the court pursuant to Section 3042.”

Unlike a retained custody evaluator, a minor’s counsel cannot be called as a witness in the case.  Therefore, the minor’s counsel’s report to the judge can have a significant impact in your case and you will not be able to cross exam the minor’s counsel on his or her findings.   A minor’s counsel is generally appointed by the court where there are various claims between the parents regarding the minor children but the parents lack the resources to hire an expensive custody evaluator.

Disclaimer: Regal Law Office, APC and their attorney do not assume any responsibility for the accuracy or timeliness of any information provided herein. The information contained herein is for informational purposes only and is not legal advice or a substitute for legal counsel. Online readers should not act upon this information without seeking professional legal help specific to their case.