In some custody situations, the court may award your children their own attorney or a minor’s counsel. This lawyer works for your children and only focuses on their interests.
According to the Judicial Council of California, the minor’s counsel has some specific duties, but all the requirements are for the attorney to act as a legal representative of the children, not a social worker or another type of representative.
The lawyer may need to gather information about your children. He or she may speak with your children and interview or observe them to get to know them and their needs better. Do know that the attorney will conduct any type of interview in a way that is age-appropriate and least invasive to your children.
The attorney will also need to talk to your children about the situation at hand. He or she may answer legal-related questions and explain the legal process as necessary based on your children’s ages. The lawyer will tell your children what he or she can and cannot do and how he or she can help your children. He or she will also provide legal advisement if your children ask for it.
The main duty of the minor’s counsel is to represent the children in all legal proceedings. He or she will serve as the representative for the children whenever your case goes to court or in negotiations.
The minor’s counsel is available for your children only. He or she will not assist with your case or offer you legal advice. The attorney’s only duty is to ensure your children’s best interests stay front and center in all proceedings.