what can you do to want to have your child attorney removed on a case

by Dr. Dario Collier Jr. 5 min read

If you do not have an attorney, cannot afford to hire one, and the child was removed from your custody, the Judge will appoint an attorney to represent you if you ask. At the emergency hearing, the Judge will give you the time and date of the next hearing, which is called the adjudication hearing. Adjudication Hearing

Full Answer

Can I remove a judge from my child custody case?

Aug 11, 2021 · Just as the last question suggested, you must seek to reach your attorney as quickly as possible through letters, emails, or fax to make sure that it is properly handled. If not, the ignorance on their part will allow you to fire that lawyer and hire a new attorney early on while the case can still be saved.

How can a lawyer help my child custody case?

Jun 15, 2020 · Throughout the 18-month-long investigation, you have the right to an attorney. A qualified lawyer can help ensure your children are in the right hands, and nothing untrue or out of context is used against you. Parents also have the right to attend all court hearings regarding your case, even if the children are taken away.

What should I do if my child is removed from home?

decisions about where your child should live and what you need to do to have your child returned to you. • The same problems that brought you to the Children’s Court could result in criminal charges against you, your partner, or someone else in your family. In that case, you may have to go to another Court and see another Judge.

Do I need a lawyer if I’m being investigated for child abuse?

May 05, 2016 · It is not recommended that you challenge a GAL report without the help of a qualified attorney. Here are five things that a guardian ad litem cannot do in a child custody case: 1. Violate the attorney rules of ethics. A guardian ad litem is an attorney and must follow all of the ethical rules that bind attorneys. For example, they may not communicate directly to a party …

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How do I file a case against child custody?

Procedure to file child custody case As stated above in certain situation and exigencies a writ petition under article 32 of the Constitution of India can be filed in the Supreme court or a write petition under article 226 of the Constitution of India can be filed.Sep 17, 2019

How do I request a different judge in Family Court California?

Under the California Code of Civil Procedure section 170.6 you are allowed to file an affidavit to send the case to a different judge. You just have a very small window of time to file your request and you don't know where you will be sent to.May 29, 2017

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.

How hard is it to terminate guardianship?

Unfortunately, once the court establishes a legal guardianship, it can be difficult to end, or “terminate,” the guardianship. If the guardians agree with you that the guardianship can be ended, you and the guardians can prepare and sign a written statement ending the guardianship and giving the child back to you.May 11, 2012

How long does a father have to be absent to lose his rights in Texas?

doing so is in the best interests of the minor child and. “voluntarily left the child alone or in the possession of another without providing adequate support of the child and remained away for a period of at least six months”Oct 20, 2016

Can a judge refuse to look at evidence?

Yes. If evidence is offered but is not admissable, the judge should refuse to consider it. If evidence is not properly offered, the judge should refuse to consider it. If it is admitted into evidence, neither the judge nor the jury may properly refuse to look at it.

How do I disqualify a judge in California?

A motion to recuse is a legal motion filed in court that says a judge should be disqualified, or removed, from a legal case for a reason listed within CCP 170.1. The motion can be brought by either a prosecutor or a defense attorney. And, a motion to recuse can be filed in either a civil suit or in a criminal trial.

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

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.

What age can a child pick which parent to live with?

If the question of who the child is to live with has to be resolved through court proceedings, then the courts will start to place weight on a child's wishes when they are considered competent to understand the situation. This can be around the age of 12 or 13 but varies on the circumstances.Sep 10, 2020

How do you remove someone from guardianship?

After a Guardian is AppointedAsk the Court to Undo the Guardianship & Start Over. A person can file a “Motion to Set Aside the Order” if the guardianship order is wrong or unjust. ... Ask the Court to Remove and Replace the Guardian. ... Ask the Court to End the Guardianship.

When a guardian can be removed?

If the child attains the age of 18 years Upon attaining the age of 18, if the child can maintain himself, the court may allow the removal of a guardian who was appointed to take his care or his property.Jun 4, 2019

Can a guardianship be reversed?

Guardianship agreements can be reversed or revoked in certain situations. The child, the guardian or any third party can make an application to the court to have the guardianship reversed. Guardianship agreements can only be reversed by the court who have the power to terminate the agreement.

How can a father get full custody in Texas?

Accordingly, the court will consider the following factors in allowing custody privileges to a father:Your Mental, Emotional, and Physical Health. ... Your Willingness to Be an Involved Parent Who Puts Your Child's Needs First. ... The Amount of Time Your Child Currently Spends With You.Sep 5, 2019

How much does it cost to terminate parental rights in Texas?

You should contact the court clerk and ask. In Tarrant County, for example, you must pay $315.00. In Dallas County, you will pay $318.00. In Harris County, the fee is $267.00.

How do I terminate parental rights in Virginia?

In Virginia, there are three basic ways (although each of these categories has a wide range of sub-categories) a parent's rights can be terminated - through a voluntary termination proceeding, through an involuntary termination proceeding, or through an adoption.Aug 14, 2015

What Happens If You Want to Change Judges?

Changing judges is a common request and each state handles it differently. Many states allow you to easy change a judge if you request the change e...

Can I Change The Judge If I Don’T Like How They Are Handling My Case?

Simply not agreeing with what the judge decides on an issue will almost never be a sufficient reason to change judges. Since every ruling will hurt...

Do I Need An Attorney to Change Judges?

The judge that proceeds over your trial will have a significant impact on your case. You may want to research the judge you have been assigned long...

Take Any Accusations Seriously.

No matter how absurd or unbelievable the CPS/DCFS social worker’s claim(s) may seem, please understand that the social worker is dead serious, and...

Ask What The Accusations and Charges are.

Most typically, the CPS/DCFS social worker wants to keep you from knowing exactly what you have been accused of — sort of keeping themselves on a “...

Say as Little as possible. in Fact – Be Quiet!

In criminal law it is ALWAYS strongly suggested that you talk to NO ONE but your attorney. Think about it. Virtually ALL CHARGES that CPS or DCFS l...

The Minute You Become Aware That Your Family Is Being Investigated, You Must Find An Attorney Who Has Experience in Fighting CPS Or DCFS.

An attorney EXPERIENCED in CPS and DCFS cases and courts is mandatory! Juvenile Dependency courts are worlds unto themselves. Your most seasoned an...

Be Courteous and Polite to CPS Social Workers & Investigators.

Let’s face it, when a “government investigator” –without any advanced notice– knocks insistently on your door, well-dressed, looking all official w...

Never Invite Any CPS Or DCFS Social Worker Or Investigator Into Your Home Unless He Or She Has A Warrant Or Court Order.

If a County CPS/DCFS social worker requests that you invite them into your home politely refuse. If he or she insists or suggests that not allowing...

Demand That CPS Tape Any Interrogation of Your Child.

Subjective reports of what a child said or did not say is hardly ever adequate. Ask that any interrogation be recorded. You could produce your own...

If You Are Accused of Physical Abuse, Immediately Have Your Doctor Give Your Child A Thorough Physical Exam.

Ask your doctor to write a letter stating that there are no bruises or injuries observed, nor any other health-related issues that would raise any...

Create A List of relatives and Friends Who Are Willing and Able to Care For Your Children If CPS Takes them.

If your children are removed from your home, or the court is demanding that your children must soon leave your home for some period of time it is a...

Never Admit Guilt, Even If Pressured by A CPS Social Worker to Do So in Exchange For Leniency Or Getting Your Kids back.

If you are innocent of neglect or abuse why would you buckle to the pressure of a CPS agent’s demands to have you admit to false accusations? If yo...