Minor’s Counsel

What is Minor’s Counsel and why is it necessary?

Divorces and child custody disputes have a significant impact on children. The child’s home is suddenly no longer intact. Their routines are disrupted. They bear witness to their parents’ passionate arguments about what each parent believes is in the child’s best interest. When custody disputes become complex and the parents’ views are polarized, a judge in the family court may deem it necessary to appoint an attorney (called Minor’s Counsel) to represent the best interests of the child.

Minor’s Counsel does not represent either parent in any capacity, nor does Minor’s Counsel align themself with either parent. Minor’s Counsel is tasked with gathering and presenting evidence that bears in the best interest of the minor child. In doing so, Minor’s Counsel will interview the child and investigate allegations raised by the parties.

A judge has appointed Minor’s Counsel to our case. What’s next?

When a judge has appointed Minor’s Counsel to a case, each party must refrain from discussing the appointment with the children. Each Minor’s Counsel is trained to explain to a child who they are and what their job is.

Each parent will begin the process by completing a packet designed to tell Minor’s Counsel about each child, each party, and the specific issues in their case. Minor’s Counsel will then interview each child (if age appropriate) and may or may not interview the parties. Minor’s Counsel will also assess what additional information or witnesses are needed, including the child’s medical and school records.

Minor’s Counsel does not represent the parties in any capacity and is not required to do what a party asks of them. Minor’s Counsel will investigate and prepare each case as they see fit based on their professional experience.

What are the benefits of having Minor’s Counsel?

In some custody disputes, a parent becomes so invested in asserting their own agenda that they lose sight of what is in the best interest of the child. Minor’s Counsel reminds each party that the children are not material possessions being divided. The children see, hear, and feel everything that goes on around them - even when the parents don’t think they do. The children are impacted just as much by the breakup, but the impact on the child is widespread and long-lasting if not handled properly. Minor’s Counsel will objectively approach each child and each case with the sole intent of achieving custody and visitation orders that are in the best interest of the child. Consequently, having Minor’s Counsel oftentimes helps the parties reach a faster resolution.