What is a Minor’s Counsel and why would the Court order a minor’s counsel in a highly contested San Diego custody case? Child custody and visitation, the right to make important decisions regarding the life of your child, have them live in your home and share time with them, is one of the most commonly contested issues in a San Diego divorce. How will the Court decide child custody and visitation in your divorce case?
Protecting “the best interest(s) of the child” is the core of California Family Law in custody and visitation cases. Most Judges want to avoid bringing a young child into any hearing or Court proceeding regarding custody or visitation at all costs. The Judge in your case has other tools to assess the best interests of the child without putting them through the experience of Court. This is why the Judge may consider appointing a minor’s counsel in a highly contested San Diego custody case.
A ”minor’s counsel” is simply an experienced, trusted attorney who represents the interest of the child(ren) in a San Diego family law case. The minor’s counsel has a single purpose: gather evidence and provide to the Court information which directly relates to the best interest of the child(ren). This is a third-party, not affiliated with or associated with either of the parents.
Minor’s counsel in a highly contested San Diego custody case have the authority to gain access to all records associated with the child(ren) such as school, counseling, medical and dental information. The minor’s counsel should be provided with access to the child(ren) and has the authority to seek independent medical or psychological examination to ascertain a child’s welfare. An effective minor’s counsel should wish to interview both parties to learn more about the child’s life, their daily roles and responsibilities associated with the child, even relevant family histories or legal actions. If the parties are in mediation, the minor’s counsel can participate in helping to craft any settlement. The minor’s counsel presents these facts to the Court for consideration. These recommendations carry substantial legal weight.
If you are involved in a highly contested San Diego custody case you need proven, experienced legal counsel. We invite you to review the strong recommendations of former clients and the legal industry, protect your own interests and contact us or call 760-434-3330 to schedule an appointment for a safe, confidential and private consultation with one of our experienced and proven Certified Family Law Specialists.