Legal Question in Family Law in California
How is attorney appointed for minor child?
Father is filing for custody and visitation. He has joint custody now and always has and is mad because our child wants to only spend the 6 wk stated in court order this summer. He wants custody now or more visitation. There is no significant grounds for change of custody ( I am not worried about that). Current court order from 2001 states: ''An attorney shall be appointed to represent the best interests of the child in all future matters before the Court''. 1) How do I assure this will happen? Father hounds our son each visit to stay longer until he finally gives in and stays. Our son told me this and hates it. He is 12 and will be 13 in two months. 2)Will our son get this attorney automatically? 3) Who will have to pay for the child's attorney- me or father.
2 Answers from Attorneys
Re: How is attorney appointed for minor child?
You have a court order that you need to enforce. Unfortunately, your order didn't specify an individual to be appointed minor's counsel. You should come up with some names, suggest them to the Father in writing and if he doesn't agree to someone, you will need to get a specific appointment from the court. You might be able to get this by just bringing it up at the next hearing, but more correctly, you would do it by noticed motion.
Re: How is attorney appointed for minor child?
You have a court order that you need to enforce. Unfortunately, your order didn't specify an individual to be appointed minor's counsel. You should come up with some names, suggest them to the Father in writing and if he doesn't agree to someone, you will need to get a specific appointment from the court. You might be able to get this by just bringing it up at the next hearing, but more correctly, you would do it by noticed motion.
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