A child can be represented by a lawyer in any of these situations:
Full Answer
In California, minor's counsel plays a significant role in representing a child and uncovering the best outcome for their physical and emotional well-being during a highly contested child custody case.
Ad Litems represent children and other incapacitated persons in legal matters, most often custody disputes. The parents have to pay for the ad litem on top of their own lawyer fees.
A parent can request an attorney be appointed or if both parents are in agreement, they can enter into a stipulation for Minor's Counsel to be appointed. However, only the Judge can actually appoint Minor's Counsel.
Supervised visitation is when the noncustodial parent can visit with the child only when supervised by another adult. It is used to keep the child safe, while supporting the parent–child relationship.
When a petition is filed to establish a guardianship, the court appoints a guardian ad Litem (GAL). The GAL represents the client's best interests (not the client him or herself) in the guardianship proceeding. The GAL also acts as a neutral investigator for the court.
age 14For a child's preference to matter, the child must be of sufficient age and ability to express an intelligent opinion about which parent they would prefer to live with. In California, the law allows children age 14 and up to express their parental preference to aid in determining custody.
ROLE OF THE LAWYER FOR THE CHILD 5.1 The lawyer is to provide independent representation and advice to the child in a manner that the lawyer considers promotes the welfare and best interests of the child.
Minor's counsel only represents the child. The county might pay for the representation if the parents can't afford to pay themselves but usually the court requires one or both parents to pay the fees. Once assigned, the attorney continues to represent the minor until the child reaches the age of 18.
During the school year, minors aged 16 to 17 generally are limited to 4 hours of work on a school day, 8 hours on a nonschool day, from 5 a.m. to 10 p.m. (or until 12:30 a.m. on a nonschool day). When school is out, the limits are 8 hours per day and 48 per week.
Children who are 14 and 15 years of age, may work if they have not completed 7th grade, and they may work up to 3 hours on school days, 8 hours on non-school days, and up to 18 hours per week. 12- and 13-year-olds may be employed only during school holidays and weekends, and may never be employed on any school day.
Except in limited circumstances defined in law and summarized in the Child Labor Law Booklet, all minors under 18 years of age employed in the state of California must have a permit to work. Prior to permitting a minor to work, employers must possess a valid Permit to Employ and Work.
What are California limitations on the hours that minors are allowed to work?Ages 16 and 17Spread of hours5 a.m. to 10 p.m. Until 12:30 a.m. on any evening preceding a nonschool day. WEE students, with permission, until 12:30 a.m. on any day. Messengers may work from 6 a.m. to 9 p.m.3 more rows