Who Can Appoint the Minor's Counsel?

Blog Post Description:
When child custody disputes arise, the court may appoint a Minor’s Counsel to advocate for the child’s best interests. But who has the authority to make this appointment? Learn about the key figures involved in appointing a Minor’s Counsel, the criteria for selection, and the role this attorney plays in family law cases.

In family law cases involving child custody, the court's primary concern is the child’s well-being. When disputes become complex, a Minor’s Counsel may be assigned to represent the child’s voice in legal proceedings. This attorney works independently to assess what arrangement serves the child's best interests. But who has the authority to appoint the Minor’s Counsel? Several key parties play a role in this process.

The Court’s Authority to Appoint

In California, the court has the discretion to appoint a Minor’s Counsel when it determines that a child needs independent representation. This decision is often made when parents strongly disagree on custody terms, and the court believes the child’s perspective should be evaluated separately from parental influence. A judge can appoint Minor’s Counsel on their own initiative or in response to a request from involved parties.

Parental Requests for Minor’s Counsel

Parents involved in a custody dispute may request that the court appoint a Minor’s Counsel if they believe their child needs an advocate. While a parent’s request does not guarantee an appointment, the court considers factors such as high-conflict custody battles, allegations of abuse, or concerns about a parent’s ability to provide a stable environment. If the court agrees, it will select an attorney from a list of qualified candidates.

Requests from a Guardian ad Litem or Social Services

In some cases, a guardian ad litem, social worker, or other child welfare professional may recommend the appointment of a Minor’s Counsel. These individuals may observe issues that warrant an attorney’s involvement, such as concerns about a child's emotional or physical safety. Their recommendations carry significant weight in the court’s decision-making process.

Qualifications and Responsibilities of Minor’s Counsel

Once appointed, Minor’s Counsel has a duty to gather relevant information about the child’s needs, relationships, and overall well-being. This may involve interviewing the child, speaking with teachers or therapists, and reviewing medical or school records. The attorney presents findings to the court but does not make custody decisions—rather, they ensure the child’s best interests remain a priority in all legal proceedings.

The appointment of Minor’s Counsel can be an important step in ensuring a child’s voice is heard during custody disputes. Whether initiated by the court, a parent, or a child welfare professional, this appointment serves to provide an impartial perspective on what is best for the child. For those facing complex custody matters in Los Angeles, seeking legal guidance can help ensure the process is handled with care and attention to the child’s needs.