my ex wife asked for minors counsel at our custody hearing, she claims our children do not want to be with me, she is accusing me of being an alcoholic and I believe has convinced my children of the same, she is also stating that the living conditions at my house are no good. this is not the case she has witheld them from me for the last 8 weeks and has mentioned in front of them everything that she thinks is wrong with me and I believe influenced my children. Will minors counsel visit the home and see that I have no record of alcoholism or violence or take the word and feelings of the children.
It is minor's counsel's job to investigate the case to determine what is in the best interests of the children. When I did the job, I would review the court file, review the family court services file, interview each parent to hear their concerns, interview the children to get to know them and possibly, depending on their ages, what they wanted, talk to teachers, therapists, relatives, etc.. If necessary, I would make a home visit if it was an issue. Some minor's counsel are very thorough, others are not. The extent to which they investigate is up to their own discretion.
Michael is in San Jose, California and can be reached at 408-295-4232 or at [email protected] Consultation fees, rates and retainers vary based on need and ability to pay.
The ethical obligation of appointed counsel for minors is their best interest regardless of whether it helps one side or the other. They should act on facts and not supposition.
Any comments offered are not intended as legal advice. This attorney does not know the specifics of the particular case sufficiently to offer legal advice. You should hire a lawyer who can evaluate the details of your specific situation before offering advice.
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