Minor's counsel in San Diego custody cases: what parents need to know
When a custody case becomes too contested for the court to decide on the parents' competing accounts alone, a California judge can appoint a lawyer for the child. That lawyer is called minor's counsel. Minor's counsel does not work for either parent. Minor's counsel represents the child, investigates the facts independently, and gives the court a recommendation grounded in the child's best interest, informed by the child's own wishes.
Dimitry F. Erudaitius, Esq., founder of Erudaitius Law, PC, serves as court-appointed minor's counsel in San Diego County under Family Code section 3150 (San Diego County vendor No. 6004885). He is also a Certified Family Law Specialist. This page is written from that seat: it explains what minor's counsel is, what the appointment means for parents, and how to work with the process in a way that actually helps your child and your case.
Short answer
Minor's counsel is an attorney the court appoints to represent a child in a custody or visitation proceeding, under Family Code sections 3150 to 3153. The appointment usually happens in high-conflict cases: repeated allegations, a child caught between households, concerns about safety or a parent's conduct, or a case where the judge needs an independent investigation. Minor's counsel interviews the child and the people around the child, reviews records, appears at hearings, and presents evidence and recommendations. Parents do not hire minor's counsel and cannot direct the work, but how a parent conducts themselves with minor's counsel is part of the record the court decides on.
When courts appoint minor's counsel
There is no single trigger, but appointments commonly follow patterns like these:
Contested custody where each parent presents a completely different account of the child's life
Allegations of abuse, neglect, substance abuse, or unsafe conditions in a home
A child who is struggling, refusing visits, or showing distress the parents explain in opposite ways
Parents who cannot communicate, where every exchange becomes a dispute the child witnesses
Cases involving a possible move, a custody evaluation, or a request to change an established arrangement
A mature child whose preferences the court wants presented by someone whose only client is the child
Either parent's attorney can ask the court to appoint minor's counsel, and the judge can make the appointment on the court's own decision.
What minor's counsel actually does
Represents the child, and only the child. Minor's counsel's client is the child. The role is to protect the child's best interest, and California law and court rules require counsel to gather facts, interview the child in an age-appropriate way, and tell the court the child's wishes while advocating for the child's best interest, even when the two point in different directions.
Investigates independently. Counsel can interview parents, teachers, therapists, doctors, relatives, and others, and can access the child's school, medical, and mental health records as the appointment order allows.
Appears and presents evidence. Minor's counsel attends hearings, questions witnesses, and submits statements or reports with recommendations on custody, visitation, and conditions the court should consider.
Is trained and vetted for the role. California court rules set education and experience requirements for minor's counsel appointments, including training specific to representing children in custody cases.
What the appointment costs, and who pays
Minor's counsel is compensated as the court orders. In San Diego County, panel appointments are paid at the county rate of $100 per hour for attorney time, and the court allocates the cost between the parents according to their ability to pay, which can mean one parent paying more, the cost being shared, or the county bearing some or all of it in appropriate cases. Parents receive notice of the allocation. What parents should take from the numbers: this is a court-supervised role with court-set compensation, not a private service either side is buying.
How parents should handle an appointment
Cooperate, and be normal about it. Return calls, provide records, and make the child available for interviews as ordered. Reluctance and delay are visible, and they are read as information.
Do not coach the child. Judges and counsel are experienced at recognizing a scripted child. Coaching is among the fastest ways to lose credibility in a custody case.
Keep the child out of the middle. Do not question the child about interviews, do not send messages through the child, and do not share court papers with the child.
Bring concerns through your own attorney. If you believe minor's counsel is missing something, the channel is your lawyer and the court process. That route works; lobbying counsel directly usually does not.
Follow the existing orders exactly. The period under investigation is the record. The parent who follows orders, supports the child's relationship with the other parent where it is safe, and presents as organized and child-focused is the parent the evidence tends to favor.
If your case needs minor's counsel, or already has one
Whether an appointment would help is a judgment call that depends on the facts, and it is a strategy decision to make with your own counsel early, not in the hallway before a hearing. Erudaitius Law represents parents in contested custody cases across San Diego County, and because Dimitry serves as minor's counsel himself, the firm can tell you candidly how an appointment would likely play in a case like yours and how to conduct your case while one is in place.
A consultation is $250, credited toward your initial retainer if you hire Erudaitius Law within 30 days.
Office hours are Monday through Thursday, 8:30 AM to 5:00 PM PT. The office is closed Fridays and weekends.
Erudaitius Law, PC — San Diego • Escondido. Dimitry F. Erudaitius, Esq., Certified Family Law Specialist.
This page is general information about California family law, not legal advice about your specific case. If your child already has minor's counsel, this page does not create any relationship with that counsel and is not a channel for communicating about your case.
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