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.
The lawyer’s job was to clearly express the child’s wishes to the court. The judge wanted the child to talk to the lawyer about what exactly was upsetting her. The lawyer was appointed to act on the child’s behalf, independently from the parents. One of the parents may not want a child to have a lawyer. These are some of the reasons parents give:
Can children give their opinions by having a lawyer represent them in a conflict between their parents? The parents are so busy with their own issues that they are not aware of what the child wants and needs, or they cannot impartially decide what is best for the child. A representative is needed to protect the child’s interests.
The child is old enough and mature enough, and wants to give an opinion to the judge. It is in in the child’s best interests to be involved and to 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.
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.
Minor's counsel is a non-biased voice for a child in a family law matter. This protects the minor's well-being and does not force a child to take sides with their parents.
Parents cannot, however, represent their minor children. A parent can be their child's named representative on court papers. They still cannot be their in-court representative.
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Many parents wonder whether they can get a court-appointed attorney for child custody matters in California, whether in court or mediation. Short answer, no. California courts can appoint attorneys to represent minor children, but a judge cannot appoint an attorney to parents in child custody disputes.
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.
The judge is likely unless he or she considers that the evidence before the court suggests otherwise to take full account of the recommendations made by children's services and the guardian.
Can social services take my child away? Social services will usually only take a child away from their parents if they believe that the child is at risk of harm or neglect in their current circumstances. They are obliged to investigate any complaints or concerns reported to them.
A Children's Court is a special court which deals with issues affecting children. The children's court also takes care of children who are in need of care and protection and makes decisions about children who are abandoned, neglected or abused.
(7) A lawyer is a professional man. (8) The lawyer proved the innocence of his client. (9) Her lawyer made a statement outside the court. (10) He invested his lawyer with complete power to act for him.
An attorney, also called a lawyer, advises clients and represents them and their legal rights in both criminal and civil cases. This can begin with imparting advice, then proceed with preparing documents and pleadings and sometimes, ultimately, appearing in court to advocate on behalf of clients.
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