When navigating the complexities of family law, particularly in contentious custody and visitation disputes, you might encounter the term “minor’s counsel.” This specialized attorney plays a critical role in advocating for the best interests of children involved in highly contentious family cases. Here’s a closer look at what minor’s counsel does, how they get involved, and who bears the cost.

What is Minor’s Counsel?

Minor’s counsel is a skilled attorney with extensive experience in family law, appointed by the court to represent the interests of a child when a case becomes particularly contentious. Their primary role is to act as a neutral advocate for the child, helping to determine what orders or arrangements would best serve the child’s needs.

How is Minor’s Counsel Appointed?

There are two main ways this can become involved in a case:

1. 1. Court Appointment: The court may appoint minor’s counsel if it believes that the child needs an impartial advocate. This usually occurs after hearing testimony or reviewing evidence that suggests the parents are too contentious to make decisions in the child’s best interest.
   2. Request by a Party: Either parent or involved party can request minor’s counsel by filing a motion with the court. The court will then consider the request and decide whether this involvement is warranted based on the specifics of the case.

Who Pays for Minor’s Counsel?

One of the important considerations when minor’s counsel is involved is the cost. Typically, the fees for minor’s counsel are shared between the parents. The court has the discretion to allocate these fees based on each party’s financial situation, but generally, costs are divided.

The court also has the authority to determine how much the parents will pay. The rate could be set at a county rate, which is often lower than the private attorney’s hourly rate, or it might be set according to the attorney’s standard rate. Regardless of the specifics, it’s important to anticipate sharing these costs with the other party.

Why Avoid the Need.

Engaging minor’s counsel can be a costly process. To avoid the expense and potential complications of having a neutral advocate appointed, it’s crucial to strive for a cooperative approach to custody and visitation matters. Focus on being the advocate for your child rather than allowing the conflict to escalate to the point where the court feels a neutral party is necessary.

In summary, minor’s counsel serves a vital role in ensuring that a child’s best interests are represented in highly contentious family disputes. Understanding their role, how they are appointed, and the potential costs involved can help you navigate these situations more effectively and keep the focus on your child’s well-being.

If you have any questions regarding minor’s counsel, JWB offers FREE family law consultations to help you understand your legal rights and obligations. Call us at (619) 234-6123 or visit our website at jwbfamilylaw.com to schedule your consultation today.