Tuesday Tips: What is Minor's Counsel скачать в хорошем качестве

Tuesday Tips: What is Minor's Counsel

Minor’s counsel is a very skilled, experienced, and trained attorney in family law who is appointed by the court in highly contentious cases. The court will appoint this counsel when both parents appear to be so contentious that they need a neutral party to advocate for the child and help determine what the best orders for the child would be. There are typically two ways that minor’s counsel gets involved in a case: 🔹 Appointment by the court – the court has heard testimony or seen evidence that makes them believe that the child or children need a neutral advocate that advocates solely for them. 🔹 Through a request of a party – if a party feels minor’s counsel would be beneficial in their case, they can file a motion with the court and the court will decide that issue at a hearing. The question then arises, who is going to pay for minor’s counsel? It is likely that the cost will be split. The court does have the discretion to allocate those fees between the parties based on their earnings, but generally, the fees will be shared by the parents. The court also has the ability to determine the rate the parents will pay for the attorney acting as minor’s counsel. They could decide that it will be paid at the county rate, which is significantly lower than most attorney’s hourly rates, or they could decide that it will be paid at the attorney’s hourly rate. Either way, if minor’s counsel is involved in your case, you should go in with the expectation that you and the other party are going to share that cost. Minor’s counsel can be costly, so we encourage that you never become so contentious in a custody and visitation litigation that the court sees you as a problem for your children and feels they need to hire a neutral to advocate for your children. Be the advocate for your child or children. If you have any questions regarding minor’s counsel, set up a FREE family law consultation with JWB Family Law. Call (619) 234-6123 or visit our website at https://jwbfamilylaw.com/.