Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“My husband is taking his ex back to court for contempt. She was supposed to have drug and psycological counseling, parenting counseling and have their daughter in continued therapy. Also she was to assure the court that she would send their daughter to school on a regular basis. She has missed 200 days plus in 4 years. If my husband gets custody can the daughter appeal the ruling with her own lawyer?”
Question: Likely yes. Under California Family Code Section 3151(c)(4) Counsel for a minor has “[t]he right to take any action that is available to a party to the proceeding, including, but not limited to, the following: filing pleadings, making evidentiary objections, and presenting evidence and being heard in the proceeding, which may include, but shall not be limited to, presenting motions and orders to show cause, and participating in settlement conferences, trials, seeking writs, _APPEALS_, and arbitrations.” (emphasis added). After a certain age Courts actually may start to listen to a child’s wishes with regards to custody and visitation depending on the jurisdiction.
