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FL-323-INFO Attorney for Child in a Family Law Case—Information Sheet
In some cases, the family court judge will appoint
a private attorney to represent a child in a custody
or parenting time (visitation) case. These attorneys
are often called “minor’s counsel.”
Why might the court appoint an attorney
for a child?
The court might appoint an attorney for a child for
many different reasons. For example, if parents
significantly disagree about issues of parenting
time and a child is experiencing stress, the court
might appoint an attorney to represent the child in
the case.
What will minor’s counsel do?
Minor’s counsel will:
• Gather and present evidence about the best
interests of the child;
• If the child wants, present the child’s wishes to
• Inform the court if the child wants to address the
the court; and
court.
Generally, minor’s counsel will also:
• Interview the child; and
• Review court files and records available to the
parties and make additional investigation.
Minor’s counsel:
• Cannot be called as a witness but can bring
witnesses for the child’s case;
• Can see a child’s mental health, medical, dental,
and other health-care records, and school and
educational records;
• Has the right to interview school personnel,
caretakers, health-care providers, mental health
professionals, and others who have assessed the
child or provided care to the child; and
of minor’s counsel. The court must determine the
reasonable amount for the attorney. The court must
also decide about the ability of the parties to pay all
or some of that amount. The court will review the
parties’ financial information to make this decision.
If the parties do not pay when they are required to,
the attorney or the court could bring a case against
them to collect the money. If the court finds that the
parties are not able to pay all or some of the cost, the
court must pay the part the parties can’t pay.
Who can ask that minor’s counsel be
appointed?
Parties and their attorneys, other types of attorneys,
the child or a relative of the child, or a child custody
mediator, recommending counselor, or evaluator may
ask the court to appoint minor’s counsel for the child.
The court may also decide to appoint minor’s counsel
without a request.
What will a court order for minor’s counsel
include?
The court must make written orders when appointing
and relieving counsel for a child.
Appointment orders must include the appointed
counsel’s name, address, and telephone number; the
name of the child for whom counsel is appointed; and
the child’s date of birth.
Orders might also include:
• The child’s address, if appropriate;
• Issues to be addressed in the case;
• Case-related tasks that would benefit from the
services of counsel for the child;
• Responsibilities and rights of the child’s counsel;
• Counsel’s rate or amount of compensation;
• Allocation of fees payable by each party or the
• Source of funds and manner of reimbursement for
costs and attorney fees;
• Allocation of payment of attorney fees to one
party subject to reimbursement by the other party;
• The terms and amount of any progress or
installment payments; and
• Must be served with all documents in the case
court;
once appointed.
Who pays for minor's counsel?
In general, the parties pay for the attorney for their
child, but sometimes the court will cover the cost
Judicial Council of California, www.courts.ca.gov
New July 1, 2017, Optional Form
Family Code, §§ 3150–3152
Cal. Rules of Court, rules 5.240, 5.241, 5.242
Attorney for Child in a Family Law Case—
Information Sheet
FL-323-INFO, Page 1 of 2
FL-323-INFO
Attorney for Child in a Family Law Case—Information Sheet
How does the attorney tell the court he or
she is qualified?
The attorney must file a declaration with the court
indicating compliance with all requirements no later
than 10 days after being appointed and before
beginning work on the case.
• The ability of the court to change the order on fees
and payment.
When does the minor’s counsel stop
representing the child?
Generally, the attorney keeps representing the child
until the court decides otherwise or when the child
turns 18 years.
Does the court have a list of attorneys who
might be appointed?
The court may or may not maintain a list or panel of
attorneys meeting the minimum qualifications to be
appointed. The court may also appoint attorneys not
on a list and may take into consideration factors
including language, culture, and the special needs of
the child.
What do I do if I have a complaint about
minor's counsel?
Look in the court’s local rules or ask the court about
its complaint procedures.
What kind of qualifications must attorneys
have to be appointed?
An attorney must:
• Be an active member in good standing of the
State Bar of California;
• Have professional liability insurance or
demonstrate to the court that he or she is
adequately self-insured;
• Have completed at least 12 hours of education
and training on specific topics (see California
Rules of Court, rule 5.242); and
• Have a certain amount of experience before being
appointed and also receive at least 8 hours of
additional training each year.
New July 1, 2017
Attorney for Child in a Family Law Case—Information Sheet
FL-323-INFO, Page 2 of 2
