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What is minor’s counsel?

On Behalf of | Jan 27, 2023 | Divorce |

Divorce impacts everyone in a family unit. Children experience especially significant changes as they adjust to life with separated parents.

While decisions made during the divorce process matter greatly to the children involved, the child’s needs and preferences risk going unheard. Minor’s counsel attempts to remedy this issue by representing the interests of children during the divorce.

The purpose of minor’s counsel

An attorney appointed for the purpose of representing the best interests of a child in a divorce, minor’s counsel help prevent the need for children actively siding with one parent. Importantly, minor’s counsel remains a third party not affiliated with either parent.

Minor’s counsel gathers facts about the child’s situation so they can represent their best interests. This can involve interviewing the child as well as parents and others involved in the child’s life.

Appointing minor’s counsel

Courts appoint minors counsel in some but not all divorces. Appointing minors counsel occurs more frequently in contentious or high-risk divorces where a lot of conflict exists between parents. Divorces involving domestic abuse or neglect create a difficult situation for children, and minor’s counsel provides a voice for them while shielding them from as much emotional duress as possible.

Courts determine who pays for minor’s counsel based on the unique situation at hand. The court may require that one or both parents pay for the attorney.

While high-risk divorces remain most common, courts may appoint minor’s counsel in any case seen fit. Parents might request the appointment of such an attorney but may not hire one on their own.


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