Santa Barbara Minor’s Counsel

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In Santa Barbara, when parents are engaged in a highly contested custody or visitation dispute, the Judge may appoint a Santa Barbara minor’s counsel to represent the child. Court-appointed counsel for the child is governed by the California Family Code and allows the court to appoint a private attorney to represent the minor individuals who are incapable of sufficiently advocating for themselves.

At Drury Pullen Law, we understand minor’s counsel appointments carry nuance and need to be handled delicately and with great attention to detail. We can help you navigate through all portions of your case.

Children’s counsel cases tend to arise when there have been concerns that the child will not be heard or protected during litigation. If you are looking to have a minor’s counsel appointed or if you find yourself in a proceeding where a minor’s counsel has already been appointed, we can assist. Our family lawyers can stand up for you and your family here in Santa Barbara and the surrounding areas.

Why Choose Drury Pullen Law, APLC

Jennifer E. Drury and Susanna V. Pullen both have experience handling family law cases of varying sizes and complexity. Susanna V. Pullen is also a Certified Family Law Consultant. Certification by the California State Bar signifies a proven level of competency in family law, but California has certified only 10% of lawyers who practice family law.

Our family law team is skilled, compassionate, and focused. Whether you find yourself involved in a stressful custody dispute, facing accusations of abuse, or just want someone to advocate for your child in court, we can help. Drury Pullen Law can provide litigation and mediation services in person or remotely.

Our office is conveniently located at 148 East Carrillo Street, The Pueblo Building in downtown Santa Barbara.

What Is a Minor’s Counsel in California?

A minor’s counsel is an appointed attorney who privately represents the best interests of the child during custody or visitation cases. Minor’s counsel is separate from a guardian ad litem, which is sometimes used in volatile divorce cases.

An independent child representative fully represents the child and can file pleadings, interview witnesses, review records, and argue in front of the court at the Santa Barbara County Superior Court, located at 1100 Anacapa Street. This representative’s duty is exclusive to the child.

California Family Code Section 3150 states that the appointment of minor’s counsel should only occur when the court believes it is for the benefit of the child. California Rules of Court, Rule 5.240, Rule 5.241, and Rule 5.242 state qualifications for appointed counsel and their responsibilities.

There are only a few attorneys certified to serve as minor’s counsel in Santa Barbara County. Appointed counsel must complete initial training and annual continuing education coursework.

When Does a Court Appoint a Minor’s Counsel?

Courts will not assign minor’s counsel in every child custody dispute. Minor’s counsel is only appointed when conventional procedures will not adequately serve the child’s needs. California Rules of Court Rule 5.240 states that the court will determine the following:

If the case is unusually contentious or drawn out
If the child is undergoing extreme emotional hardship
If there are any allegations of physical, emotional, or sexual abuse and neglect
If one or both parents are unable to provide a safe and stable home for the child

What Are Common Responsibilities of Minor’s Counsel?

After an appointment, a minor’s counsel has a unique role in investigation and advocacy on behalf of the child. They interview the child and review the court files, medical records, school records, and psychological evaluations. Minor’s counsel also often speaks with the child’s doctors, therapists, and teachers to get a full understanding of the child’s needs and overall circumstances.

Minor’s counsel can also prepare written issues and contentions to submit to the court. They have the right to offer evidence and examine witnesses at trial. Minor’s counsel cannot be called as a witness in the proceedings. Often, a minor’s counsel’s voice is significant in family law cases where both parents are pursuing full custody.

Other Santa Barbara Family Law Cases We Handle Include:

Hire a Minor’s Counsel in the Santa Barbara Area

If your child needs their own attorney separate from your attorney in a family law case, you or the other parent, the guardian or guardian ad litem, the court-appointed evaluator, or anyone else the court feels is appropriate can file a request to have a minor’s counsel appointed. Your attorney can explain to you how to file that request, what documentation would be beneficial to your request, and what to expect during that process.

The parents are usually responsible for paying the minor’s counsel; however, if neither parent can afford to pay, the court may order the appointment of minor’s counsel and pay the fees itself if it feels that appointing minor’s counsel is necessary. Minor’s counsel, once entered into the proceeding on behalf of the child, will represent that child throughout the entire proceedings.