Legal Question in Family Law in California

Joint Legal Custody

When mother and father are granted joint legal custody can one retain legal counsel for the minor child without the consent and/or knowledge of the other parent ? And what does one do when this has already happened ?


Asked on 7/27/99, 12:27 am

1 Answer from Attorneys
Jed Somit Jed Somit, Attorney at Law

Re: Joint Legal Custody

A parent could hire an attorney to represent the child,

but the judge isn't going to give that attorney the same

amount of deference as would be accorded to an attorney for

the child resulting by appointment by the Court. Appointment

by the Court is the norm.

An attorney hired to represent a child owes a duty of loyalty to

the child's interests, not the paying parent. There are specific

statutes governing the duties of counsel for a child in a

custody proceeding.

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Answered on 7/29/99, 8:40 pm


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