Legal Question in Family Law in California
In California can the mother of a 13 yr old child hire a seperate attorney, or use her attorney, to specifically represent that child in the mother's motion to change custody and visitation? For the past 2 1/2 years I have had 98% custody and her mother has supervised visitation only. My understanding is that the court would appoint counsel for the child if the court deems it necessary. There is no cause to ask the court to appoint counsel, I have been cooperative with her mother who lives out of state at this tme. Supervised visitation was put into place when her mother's active alcoholism made her unsafe to have the child. The mother completed 12 months of inpatient rehab, 3 months in a sober living group home, and has lived independantly outside of residential treatment for an additonal year, all in Texas. We live in California and our custody and visitation order are from San Diego county.
1 Answer from Attorneys
No. Her attorney definitely cannot be the minor's counsel. She can hire an attorney to be the minor's counsel, but they will have to be appointed and approved by the court.
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