Court Appointed Children’s Lawyer

Just as the Orange County court can appoint a forensic psychologist in contested child custody cases, the Court can also appoint a lawyer for the child or children. This lawyer, often called “minor’s counsel”, is typically a practicing family law attorney and is experienced in representing children.

But what role does minor’s counsel really play in an Orange County divorce or family law cases that involves serious custody disputes? Some claim the answer is little to none – that another lawyer rarely solves anything. Others claim the minor’s counsel gives the children a “voice” and allows that lawyer to speak on behalf of a child that otherwise wouldn’t be able to tell the Orange County judge what he or she has seen and feels.

It will be interesting to see what the addition of Family Code 3042 which gives far more freedom to the Courts to allow children to actually testify in Court will do to the role of minor’s counsel. From my experience as an Orange County divorce and family law lawyer and as someone who has successfully represented many parents in their contested and contentious child custody disputes, I find minor’s counsel to be helpful in certain cases – those cases where there is a lot of “he said” versus “she said” between the parents and someone just needs to sit down with the child or children and find out if the things that mom and dad are claiming are happening to the kids inside the home are true or not. But where the issue becomes more complicated is when there is a psychology of the circumstances involved including whether a parent is conditioning or alienating the children or whether the children may not be truthful because of fear, guilt or other factors. That is why, in those cases, I prefer the appointment of a forensic psychologist.

Farzad Family Law knows which cases need minor’s counsel and which cases need more in-depth and psychological analysis of the facts. Trust us with your child custody cases and you will see how we put our experience and knowledge to work for you and protect your children.

Call or email me. We will find solutions to your Orange County child custody case together.

Warmest Regards,

B. Robert Farzad
Orange County Divorce & Family Law Attorneys
1851 E. 1st Street, Suite 1150
Santa Ana, CA 92705
Telephone: (714) 937-1193
Facsimile: (714) 937-1192

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