Minor's Counsel When are They Needed

In some states, during child custody cases minors may not be allowed to testify in court during divorce proceedings. During these cases, an attorney referred to as a -minor's counsel- is appointed by the court to speak with and on behalf of the child regarding the child's concerns about custody arrangements. The findings of the minor's counsel are heavily considered by the court in determining final custody arrangements.

Acting as a neutral voice, a minor's counsel interviews the child before court proceeding begin and then testifies to the court on the child's behalf. The minor's counsel job is to give the court an unbiased and unemotional report, without being bound by conflicting feeling of favoritism and betrayal to either parent that can often be present if a child is required to testify themselves.


In an attempt to prevent prejudice and undue stress for the child, most often, by the request of the minor's counsel or as order by the court, the child is not allowed to discuss the case with the parents. In some extreme cases, by request of the minor's counsel, the child may not be allowed to stay with either parent until the divorce proceedings are completed.

A minor's counsel role it to represent only the child, focusing solely on what is best for the child, when determining custody arrangements during divorce proceedings. The minor's counselor is appointed to act as fact finder, determining what will be in the child's best interests in regards to the child's safety, health and welfare.

The minor's counsel conducts a series of interviews with the child, and sometimes with the parents, therapists, and teachers and school guidance counselors as well as caregivers and doctors. The minor's counselors may examine any and all records, reports and evaluations that may be deemed necessary and appropriate to ascertaining what is in the best interest of the child. If multiple children are involved, a separate minor's counsel is often appointed for each child.

When appointed to represent a child, a minor's counsel has the right to:

Have reasonable and timely access to the child. Receive notice of all proceedings, examinations and outside interviews which affect the child. Be informed of any examinations or interviews that will be needed or used for court proceedings. To refuse any examinations or interviews on behalf of the child -- unless the proceeding are ordered by the court. Be notified of and attend all hearings in any way related to the child, including but not limited to those pertaining to custody evaluations and visitation rights. Monitor any advocates of the child, including therapists and social workers, including those appointed by the state. Obtain any records that pertain to any examinations and interviews of the child. Examine court filings and to file responses on behalf of the child. Maintain the confidence of the child, in accordance with all laws. Give statements and testimony on behalf of the child, including expressing the child's wishes regarding custody to the court. Seek relief on behalf of the child.

Once assigned to a child, a minor's counsel will usually continue to represent the child until the minor reaches the age of 18, unless the court determines the appointment is no longer needed. Most often the parents will be required to pay the minor's counsel. In cases where the parents cannot afford to pay the state or county may cover the cost.