San Bernardino Lawyer for Minor's Counsel

Advocating for Children's Best Interests in San Bernardino Divorces

All too often, children are the biggest victims of divorce. Their wants and desires are not always addressed and, sadly, they often fall to the wayside during the divorce, custody, and visitation processes. In California, however, courts are now appointing “Minor’s Counsels” to represent the child’s best interest and provide the courts with an outline of their desires.

We believe helping our clients understand the laws that affect them and their situations will help them to make more informed and rational decisions. Thus, we walk each of our clients step-by-step through the legalities involved in their individual cases. With compassionate, aggressive legal representation, our San Bernardino minor counsel lawyers ensure our clients and their children get the best possible outcome.

What Is a Minor’s Counsel?

Minor’s counsel is a specially-trained individual whose primary responsibility is to “investigate the interests of the child and his/her preferences.”

The child’s age and maturity level generally dictate how much weight such preferences will be given. For instance, if a child is 14 years of age or older and assessed to be competent, his or her desires will be given more weight. If a child is younger than 14 years of age, but is quite mature and competent to form and express a meaningful preference, then weight will also be given to that child’s wishes.

The minor’s counsel typically will make recommendations to the court regarding family law related issues such as the following:

• Custody
• Visitation
• Health Matters
• Education

Children who are too young or who have emotional problems or a mental defect may be interviewed by the minor’s counsel to find out their preferences, but most often, the minor’s counsel will make the final determination as to what should be recommended to the courts with regard to their best interests.