Irwin & Irwin is a family law firm based in Fullerton, California, focused on divorce and serving clients throughout Orange County. We handle child custody, support, property division, and other family law matters with a knowledgeable and compassionate approach. Divorce can be complex, and our team is committed to guiding clients through the legal process with clarity and confidence. Contact us to discuss your case.
Minor’s Counsel in Orange County, California
What is Minor’s Counsel?
Sometimes a minor needs their own counsel to represent their interests in court. Irwin & Irwin is experienced in handling these matters in Orange County.
Private family law attorneys are sometimes appointed to represent involved minors in family law cases, such as in high conflict divorces, cases involving child abuse or child neglect, cases related to drug usage, and in any other cases the court – in its discretion – deems appropriate. Minor’s counsel is tasked with the sole job of representing the best interests of the child – not of representing the child’s parents. Of primary concern is helping the child to clearly communicate relevant information that helps guide the court’s findings. If you’re facing a family law case in which an Orange County minor’s counsel has been assigned, it’s important to have a clearer understanding of what’s involved.
What Does a Minor’s Counsel Do?
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.
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