should you have an attorney with you when you go to human services court for your baby

by Eileen Kunde 6 min read

Absolutely speak with HR. You need to give HR a chance to do the right thing and deal with your manager's ignorance and insensitivity. If the conduct does not stop, you should then consult with an attorney.

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Should I bring my children to my attorney’s office?

You don't have to hire an attorney you consult with. But meeting face-to-face is a good way to gauge whether things could work out with an attorney you're thinking of hiring. Cases Where Hiring an Attorney Might Not Be Worth It. Prosecutors usually have a standard first-offense plea offer. In other words, they offer everyone with a standard first DUI the same plea deal—which is …

Will I have to go to court if I have a lawyer?

Aug 12, 2014 · Attorneys know these laws and have the experience to assist you with your matter. Hiring an attorney to guide you through the process is crucial. Not only do attorneys take care of the complicated legal aspects and develop a strategy, they’ll be there to tell you exactly where to go, what to expect, how to dress, what you most likely will be ...

Should I hire a lawyer for criminal charges?

When You Can Probate an Estate Without a Lawyer. Here are some circumstances that make you a good candidate for handling the estate without a professional at your side. Not every one of them needs to apply to your situation—but the more that do, the easier time you will have.

Do you need a lawyer if you can't afford a lawyer?

Jan 22, 2013 · Reveal number. tel: (310) 606-0065. Private message. Call. Message. Posted on Jan 23, 2013. Absolutely speak with HR. You need to give HR a chance to do the right thing and deal with your manager's ignorance and insensitivity. If the conduct does not stop, you should then consult with an attorney.

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What happens at a Child Arrangement Order hearing?

The FINAL HEARING itself is a form of trial when usually both parties will give evidence and will be able to challenge the parts of the other persons evidence by asking them questions. The Judge will listen and come to a decision. ORDER(S) are then made telling the parties what they can and cannot do.

At what age can a child decide which parent to live with in NY?

Preference and age: In New York, 18-year-old children are no longer subject to an order of custody. They can choose where they want to go. At the same time, many courts will hesitate to influence the choice of a 16- or 17-year-old, unless the teenager has serious problems or his/ her choice seems unreasonable.

Can a mother deny a father access?

A father has the same rights as a mother and contact cannot be legally stopped unless there are concerns that further contact could affect the welfare of a child. ... Unfortunately, it is quite common for mothers to stop a father's access to a child merely by refusing to let them see them.

What can CPS not do in PA?

CPS cannot enter your home without your permission. Although CPS can show up to your home without notice, they cannot enter without your consent. Unless CPS has a court order, or they believe your child is in immediate danger, they can't enter your home unless you say it's okay.Jun 15, 2020

Who pays child support in joint custody in NY?

In New York State, who pays child support in a 50/50 joint custody arrangement since there there is no one "custodial parent"? Generally, the lower-earning parent will be treated as the “custodial parent” and the higher-earning parent will end up paying child support.

How can a mother lose custody of her child in NY?

Any parent that exhibits certain types of misconduct can lose custody of their child in New York. ... If the child is being put in harm's way due to the mother's behavior or lack thereof, she could lose custody of her child.Apr 13, 2021

Can my child's mother stop me from seeing my child?

Key Points. Your partner cannot legally stop you from having access to your child unless continued access will be of detriment to your child's welfare. Until a court order is arranged, one parent may attempt to prevent a relationship with the other. ... If you cannot agree, you will need a court order.Jan 11, 2021

What to do if your ex won't let you see your child?

You should try and speak to your ex-partner if the child arrangements you've agreed aren't working - for example, if you're not seeing your children as much as you want. You might be able to make changes, using mediation if you need to, and avoid spending money on going to court.

How many times a week should a dad see his child?

There are no set rules on how frequently a father can see his child and the arrangements can vary between: Custody of the child with the mother having contact with the child. Equal parenting with the child spending about half their time with each parent.Nov 5, 2020

Can social services take my child away without evidence?

Can social services take my child away? Social services will usually only take a child away from their parents if they believe that the child is at risk of harm or neglect in their current circumstances. They are obliged to investigate any complaints or concerns reported to them.Jun 22, 2018

How long can CPS take to make a decision?

Annex B - TimeframesStageTimescaleIndependent reviewCompleted within 20 working days of receiving a request for review.Communicate final review outcomeThe CPS will, wherever possible, complete the review and communicate the decision to the victim within an overall review timeframe of 30 working days.3 more rows•Dec 16, 2020

How long can CPS keep a case open in PA?

The CPS Investigation Process The county division of CPS has 24 hours to open an investigation and make contact with the child in question. This usually entails going to the child's home, seeing the child, and speaking with their parents or legal guardians.

Getting A Lawyer's Opinion About Your Case

It’s difficult for someone with no legal experience or training to assess the strengths and weaknesses of a DUI case. DUI law is complicated and co...

Cases Where Hiring An Attorney Might Not Be Worth It

Prosecutors usually have a standard first-offense plea offer. In other words, they offer everyone with a standard first DUI the same plea deal—whic...

You Need An Attorney to Go to Trial

Though you’re entitled to represent yourself in a DUI trial, it’s almost never a good plan. The learning curve for trial practice is steep and usua...

How long can a felony be in jail?

A felony offense is punishable by imprisonment for more than one year under Rule 43. For a Defendant to waive their presence for a felony, there are certain conditions that must be followed. First, like for misdemeanors, the Defendant must consent to the absence in writing. Further, the Defendant must be advised of their rights listed in Rules 5 (b) (1) and (2) and Rule 5 (c). If all of these conditions are met and the court approves the absence, a Defendant does not need to be present with his/her attorney at the preliminary hearing, arraignment, and entry of a not guilty plea. Thus, there are several hearings that the Defendant must be present at, such as the trial and sentencing.

Do you have to go to court for a misdemeanor?

Essentially, for misdemeanor offenses or infractions, it is possible that a Defendant may never need to go to court if they provide written permission to their attorney to appear on their behalf. However, the Defendant always has the right to be present at every hearing.

Do you have to go to court if you hire an attorney?

In Conclusion. If you hire an attorney, there is a chance you will not have to be in court if certain procedures are followed, depending on the charge. Criminal charges and the criminal law process in general can be complex. If you are facing criminal charges, seeking legal representation may be in your best interest.

What are the hearings in North Dakota?

These hearings can include initial appearances, arraignments, motion hearings, preliminary hearings, and dispositional conferences, to name a few. Ultimately, after all of these hearings, there may also be a trial. If you are unfamiliar with the legal system, the idea of attending a hearing might be frightening. However, in North Dakota, an attorney may be able to attend these hearings on your behalf without you having to be present. The number and types of hearings your attorney can attend on your behalf depend upon the severity of your criminal case.

What is Rule 43?

Rule 43 of the Rules concerns the Defendant’s presence. The Rules require the defendant to be present at the initial appearance, arraignment, plea, every stage of a trial, and sentencing. Although Rule 43 requires a Defendant’s presence, it also provides exceptions to this general rule and allows the defendant to not be present at certain hearings.

What is a misdemeanor infraction?

Misdemeanors. Under Rule 43, a misdemeanor offense or infraction is an offense that is punishable by fine or by imprisonment for not more than one year or both. For a Defendant to waive their appearance, there are several things that need to occur. First, the Defendant must consent to the waiver in writing.

How many states impose estate taxes?

More than 99% of estates don't owe federal estate tax, so this isn't likely to be an issue. But around 20 states now impose their own estate taxes, separate from the federal tax—and many of these states tax estates that are valued at $1 million or larger.

Can executors wind up estates?

Many executors decide, sometime during the process of winding up an estate, that they could use some legal advice from a lawyer who's familiar with local probate procedure . But if you're handling an estate that's straightforward and not too large, you may find that you can get by just fine without professional help.

Can you probate an estate without a lawyer?

When You Can Probate an Estate Without a Lawyer. Here are some circumstances that make you a good candidate for handling the estate without a professional at your side. Not every one of them needs to apply to your situation—but the more that do, the easier time you will have.

Can you transfer property without probate?

Most or all of the deceased person's property can be transferred without probate. The best-case scenario is that you don't need to go to probate court, because assets can be transferred without it. This depends on the planning the deceased person did before death—you can't affect it now.

Jay Gehre Putnam

Be sure your complaint is in writing, and complies with any procedures specified in the employee handbook relative to reporting harassment. Because that is exactly what you are confronting. Unlawful workplace harassment.

David Andrew Mallen

I disagree with your professor. I believe in making the workplace as healthy and as productive as can be. I believe you should prove to your employer, every day, that you value your job and that your interests line up with the company's interests.

Neil Pedersen

Absolutely speak with HR. You need to give HR a chance to do the right thing and deal with your manager's ignorance and insensitivity.#N#If the conduct does not stop, you should then consult with an attorney. Talk of STD's and implicit suggestions that your are having relations with a woman in your...

Neville Francis Fernandes

This is a difficult situation. If you feel HR has been fair with you so far then you should probably meet with them before seeing an attorney. What your boss said, while morally wrong, does not necessarily violate any employment laws.#N#On the other hand, if you think you are about to be fired because the company...

Craig Trent Byrnes

I agree 100% with Mr. Pedersen and Mr. Mallen. I write only to add that, if you tell HR about it and the company does not respond adequately, then they may be viewed as having ratified the defamation, thereby making the company liable. If they do respond adequately, then by definition the problem is solved...

Where is the juvenile court located?

The Juvenile and Domestic Relations District Court is located on the first floor of the courthouse; the General District Court is on the second; and the Circuit Court is on the third.

Can you bring a cell phone to the courthouse?

Because of security concerns, cell phones, liquids, aerosols and weapons of any kind are not allowed in the courthouse. Leave these items at home or in your car. Attempting to bring them into the courthouse will delay or prohibit your entry. If there are photographs or text messages on your cell phone that you feel the Judge should see, ...

Can you appeal a judge's decision?

In some - but not all - cases, you may have a right to appeal the Judge’s decision to a higher court. If there is a right to an appeal, there will be very specific time limits and strict procedures to be followed. You may be able to obtain some limited information on your appeal rights from the clerk’s office.

Can a court appoint an attorney?

The court can only appoint you a lawyer for a criminal charge that carries the potential for jail time and then, only if you meet state financial guidelines. If you have a question about whether you are entitled to a court appointed attorney, ask the Judge when your case is called.

Why is it important to find a lawyer?

Especially if there is a sizeable estate, tax issues, or a complicated or extensive distribution plan, it is important to find a lawyer to be sure things are done right. You Are Adopting A Child. Adopting a child is an important matter, and an attorney will assure things are done right. A Contract Is Needed. It is essential that you understand the ...

What to do if you don't understand the terms of a contract?

If you don’t understand the terms, or how to prepare a contract, consult a lawyer. If you need a complex business organization (multiple entities), have complex tax matters, need to file for a patent, or become involved in litigation, hire a lawyer.

Do you need a lawyer to administer an estate?

In these cases, it may not be necessary to hire a lawyer.

Is it cheaper to hire a lawyer?

The Value of Hiring a Lawyer. Legal services generally do not come cheap. The more complicated your legal problem, the more you will need legal advice, and the more it will cost for legal help. In some cases, it can be much more costly to try to represent yourself.

What happens if you are charged with a crime?

If you are charged with a crime, including domestic violence, tax fraud, or even some motor vehicle offenses (such as driving under the influence, vehicular homicide, or so many unpaid parking tickets that an arrest warrant has been issued), hire an attorney. You Could Lose A Lot of Money.

What happens when you are investigated by child protective services?

When you’re investigated by child protective services, you have to make decisions every step of the way. You have to decide what information to share, whether to enroll in services, and, if you wind up with a case, whether or not to go to trial.

Can you refuse to go to court with CPS?

A: Yes. But refusing entry to CPS will not end the investigation. If CPS has information that a child may be in danger, they have the authority to go to court to ask for a court order—similar to a search warrant—requiring you to allow them access. CPS must give you notice if they intend to do this, and you have a right to go to that court hearing. In an emergency, CPS can also return with the police without a court order.

What does it mean when you are being questioned by someone in authority?

A: When you’re being questioned by a person in authority, you can think that you have to do everything they say. Knowing your rights can help you understand that you also have power.

Can you interview your child in school?

They also have the right to interview your child in school without your permission.

Is CPS mandated?

A: CPS workers will sometimes say that services are mandated but nothing is really mandated until you go to court and the judge orders it. That said, if you understand the safety concerns that CPS has about you, any steps you take to address those concerns may help, including voluntarily participating in services.

How to write a contract for a lawyer?

A written agreement should include: 1 Retainer. If you must pay a deposit in advance (often called a "retainer"), the contract should state the retainer amount and when you must replenish it. 2 Hourly fee. The agreement should state the hourly rates for everyone who might work on the case; how often the lawyer will bill you; how much detail the bill will include; how long you have to pay the bill; discounts for early payment; penalties for late payment; and how to dispute a charge. 3 Contingency fee. In a contingency fee case, the lawyer takes a percentage of the client's winnings. The agreement should state the contingency percentage (some lawyers collect a higher amount if the case goes to trial) and the collection process. 4 Costs of suit. The agreement should also explain how litigation costs—such as court fees, fees charged by expert witnesses, private investigators, process servers or stenographers, copying costs, travel expenses, or messenger fees—will get paid. A lawyer in a contingency fee case might agree to front costs and get reimbursed if the client wins, but a client who loses has to pay costs back to the lawyer. Other attorneys require clients to pay these fees and costs as the case progresses.

What is a written fee agreement?

Some states avoid these problems by requiring written fee agreements (often called retainer agreements or representation agreements), and it's always a good idea.

Is a lawyer cheap?

You want a lawyer who knows the subject matter of your legal problem inside and out, charges reasonably, treats you with respect, and with whom you can communicate. Though no lawyer is cheap, you probably can find lawyers all over the price spectrum who can meet your needs.

Is contingency fee good?

From your point of view, a contingency fee is a good deal when the attorney must take a significant risk, but not so much when little risk is involved—unless you agree on a much lower percentage, of course. Avoid security interests.

Why do people hire lawyers?

Most people hired attorneys because they don't want to sit in court. Well, truth be told, neither do I. The difference between lawyer and client is that the lawyer expects it to take a long time and understands. The client typically thinks it's unjustified. So, your hard truth is that each case takes time. Be patient.

What happens if you don't pay your lawyer?

If you don't pay your lawyer on the day of trial, or however you have agreed to, then while he or she may be obligated by other ethical duties to do his/her best, they won't be motivated by sympathy for you, and it will show in court.

Can a lawyer take your money?

While lawyers can certainly take your money and your time and we can file a case that will be very hard to win, if you don't care enough about your life to get a contract, the judge is not very likely to be on your side. At least, not automatically. Oral contracts are extremely hard to prove. What are the terms.

What to do if your lawyer doubts you?

Tell the Truth. If your lawyer doubts you in the consultation, or doesn't think you have a case, while that may change over time, getting over an initial disbelief is very hard. You have to prove your case. Your attorney is not your witness. They are your advocate - but you are responsible for coming up with proof.

Why is credibility important in court?

Credibility is one of the most important things in this world - and most important in a courtroom. If you care enough only to wear sweats to the courthouse, then the judge will see that you don't care, and that will be reflected in their desire to help you, listen to you, and decide in your favor. Step it up.

Do juries get it right?

While juries usually get it right, sometimes, it's not about whether a particular matter is emotional or simple, complicated or straightforward. Sometimes people make decisions on who has the nicer suit, or who is more pleasant to deal with. So even if your case is good or even if it's not so strong.

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