Lawyer Appointment for Child Custody Cases

California’s Family Code, in Division 8, Part 2, Chapter 10, deals with the appointment of counsel representing a child in custody of a minor child dispute.

Section 3150 provides that, if the court determines that it would be in the best interest of the minor child, the court may appoint private counsel to represent the interests of the child in a custody or visitation proceeding, provided that the court and counsel comply with the requirements set forth in Rules of Court.

Section 3151 specifies that the child’s counsel appointed under this chapter is charged with the representation of the child’s best interests. The role of the child’s counsel is to gather evidence that bears on the best interests of the child, and present that admissible evidence to the court in any manner appropriate for the counsel of a party.

Counsel is required to serve notices and pleadings on all parties, consistent with requirements for parties. The child’s counsel has eight specified rights.

Section 3152 allows the child’s counsel, upon notice to request the court to authorize release of relevant reports or files, concerning the child represented by the counsel, of the relevant local child protective services agency. The court reviews the reports or files in camera in order to determine whether they are relevant to the pending action and whether and to what extent they should be released to the child’s counsel.

Section 3153 provides that, if the court appoints counsel under this chapter to represent the child, counsel is required to receive a reasonable sum for compensation and expenses, the amount of which is determined by the court.