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Discretionary appointment of counsel

California , Legislation , Custody Disputes - Children

A court may appoint counsel for a child in traditional custody proceedings if it would be in the child’s best interest. Cal. Fam. Code § 3150.  The role of the attorney is that of guardian ad litem and not client-directed counsel. See id.  However, “If the child so desires, the child’s counsel shall present the child’s wishes to the court.” Cal. Fam. Code § 3151.

Appointment of Counsel: Discretionary
Qualified: No
? If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.
© 2003-2024 National Coalition for a Civil Right to Counsel

The NCCRC works to advance the right to counsel for low-income people in civil cases involving basic human needs, such as housing, health, domestic violence, civil incarceration, and child custody.

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