File the form called “Application for Appointment of Counsel For Parent of Minor Child Guardianship of Minor" to ask the court to appoint a lawyer. This form tells the court you cannot afford a lawyer so you need the court to appoint a lawyer for you. Then the state will pay the lawyer.
Full Answer
The court will appoint a lawyer for your child if the judge decides your child needs one. In cases where you, your child, or someone else asks the court to appoint a guardian for your child, and your income is so low you cannot afford a lawyer, you have the right to a court-appointed lawyer.
It will make the child feel pressured and will usually result in negative consequences when the court finds out about it. Also, each time the child meets with or speaks with the appointed attorney, no one should question the child afterward about what was said.
Who Decides a Child Will Have a Lawyer Judges can appoint a lawyer if they think this is necessary to protect the child's interests. Judges can do this on the request of one of the parents or on their own. Children can decide on their own that they need a lawyer. A lawyer will intervene in the parents' conflict on behalf of the child.
You may want to gather photos and important documents, like the child’s report cards or medical or other records, that will help the court-appointed attorney understand the child’s situation—but, make sure that you have cleared it with your own attorney before sharing any documents or photos.
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Minor's counsel may be appropriate under the California court rules where: There is high conflict or extended legal history between the parents. The dispute is causing the child stress. There is information available about the child's best interests that is not likely to be presented by either parent.
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Attorney vs Lawyer: Comparing Definitions Lawyers are people who have gone to law school and often may have taken and passed the bar exam. Attorney has French origins, and stems from a word meaning to act on the behalf of others. The term attorney is an abbreviated form of the formal title 'attorney at law'.
In special circumstances, a court may consider a child as young as 10 years old sufficiently mature enough to meaningfully contribute to decisions about her welfare. The over-riding factor is the best interests of the Child.
The court will decide who pays Minor's Counsel fees when they appoint Minor's Counsel. In some cases, the court may require one parent to pay all the fees. In other cases, the fees might be split between both parents.
Minor's counsel only represents the child. The county might pay for the representation if the parents can't afford to pay themselves but usually the court requires one or both parents to pay the fees. Once assigned, the attorney continues to represent the minor until the child reaches the age of 18.