CALIFORNIA FAMILY LAW
...Custody and Visitation
......Attorney for Children
.........Appointment of
............Case Law
 10 Cards On This Topic:
  • Counsel for children recommended due to parents' intransigence.
  • When child's interests not protected by contesting parties, court must appoint counsel for child.
  • 11-yr.-old was entitled to hire her own atty in DVRO proceeding that was separate from court-appointed Minor's Counsel in parents' divorce.
  • Neither the CCP nor the FC requires that M serve his father with his request for the application for the appointment of a GAL before one may be appointed.
  • Order appointing minor's counsel in prolonged and contested custody case did not violate F's constitutional rights, nor was it an abuse of discretion under FC 3150 and FC 3151.
  • Minors' best interests require appointment of independent counsel in case to terminate fugitive mother's parental rights.
  • Appointment of atty. for children unnecessary where family had functioned well after dissolution and children were mature enough to express intelligent preference as to custody.
  • Parents in custody proceeding have standing to assert child's right to adequate counsel.
  • Burden of persuasion for appointment of counsel in proceedings to declare minor free of parental custody and control lies with person seeking to deny counsel.
  • Attorney representing parent in custody dispute may not recommend that attorney be appointed for child without consent of client.


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