Can A Minor Appeal A Parent’s Attempt at Gaining Custody?

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“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?”

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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.

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Author: House Attorney

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