do i need a lawyer when dealing with family services

by Cornelius Klein 3 min read

If your parental rights are at risk, most states will provide you with an attorney, who will represent you at the proceedings and advocate on your behalf. If you haven't been assigned a lawyer, you should speak to a local attorney who specializes in CPS cases.

Full Answer

Do I need a family law attorney?

As with most other areas of the law, whether you need a family law attorney depends on a number of factors specific to your case. For example, a couple generally won't need a lawyer to get married, but attorneys may be required if one party asks the other to sign a prenuptial agreement.

Can a family lawyer help settle a family dispute?

Although family attorneys can help people to settle family disputes outside court, some of these matters still end up in the courts. In such a case, family lawyers are best suited to help litigants get justice.

How can a family law attorney help with divorce?

In such a case, a family law attorney can act as a mediator, and assist them to approach the issue rationally and within the law. In other words, a competent family law attorney can assist couples in the process of divorcing to settle the matter fairly without necessarily going to court.

Do I need an attorney?

And chances are if you think you might need an attorney, it's a good idea to at least contact one to see if he or she can help. If you feel that you can't afford an attorney, you can look into legal aid resources that might be able to help you with your particular situation.

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What can a family law attorney do?

In such a case, a family law attorney can act as a mediator, and assist them to approach the issue rationally and within the law. In other words, a competent family law attorney can assist couples in the process of divorcing to settle the matter fairly without necessarily going to court.

What is a family lawyer?

Family lawyers are legal professionals that specialize in matters to do with family law. They handle legal issues that are concerned with members of the family. Such legal issues include divorce, child custody, and guardianship among others. Family lawyers can act as mediators when family disagreements develop.

Why are family lawyers important?

In such a case, family lawyers are best suited to help litigants get justice. These attorneys handle such cases almost every other day, and therefore, they have the necessary legal knowledge and practical experience to help litigants to navigate the complex jungles of the family law and ensure that justice is served accordingly.

Why should I hire a lawyer?

a minor traffic ticket), there a few situations when it's in your best interest to hire a lawyer. Probably the best reason to hire an attorney is if you've been charged with a crime. Crimes can carry penalties of fines and/or incarceration ...

Can't afford an attorney?

There are many situations where hiring an attorney is in your best interests. And chances are if you think you might need an attorney, it's a good idea to at least contact one to see if he or she can help. If you feel that you can't afford an attorney, you can look into legal aid resources that might be able to help you with your particular situation. FindLaw's Do You Need a Lawyer section provides information about what lawyers do and legal aid resources available to you if you can't afford a private attorney. You can also find a state-specific directory of free and low-cost legal aid resources and a directory to the various legal practice areas that attorneys can choose to focus on.

Who Can Report to Child Services?

Anyone concerned for the safety and well-being of a child can contact CPS to make a report. Accusers may leave identifying information or remain anonymous. Friends, family, and other third-parties who witness child neglect or abuse may call and make a report, but aren't required to do so by law.

Who can contact CPS for child abuse?

Anyone concerned for the safety and well-being of a child can contact CPS to make a report. Accusers may leave identifying information or remain anonymous. Friends, family, and other third-parties who witness child neglect or abuse may call and make a report, but aren't required to do so by law.

What Is Child Protective Services?

CPS is a state-run agency that's legally obligated to investigate reports of child abuse or neglect. Workers who receive reports of abuse must open a case, investigate the family and allegations, and determine if there’s enough evidence to ask the court to intervene.

What Are My Rights as a Parent?

It’s normal to feel anxious if you get a phone call or visit from your state CPS agency, but, it’s important to understand that even though you're dealing with a government agency , you still have rights.

What happens if a judge finds you guilty of child abuse?

If a judge finds you guilty of child abuse or neglect, the court may also begin the process of terminating your parental rights and/or placing your child in foster care. If your parental rights are at risk, most states will provide you with an attorney, who will represent you at the proceedings and advocate on your behalf. If you haven't been assigned a lawyer, you should speak to a local attorney who specializes in CPS cases.

What is the right to know when an agency is investigating you?

Right to Know. You have a right to know precisely why the agency is investigating you. Although most agencies won’t disclose who reported the alleged abuse or neglect, you can ask the worker to describe the allegations to you. You may also request written copies of the allegations.

What are some good questions to ask instead of being silent?

Instead of being silent, it would be beneficial for you to ask questions, like “why am I being investigated?” or “what are you looking for in my home?”

What is an individual lawyer?

Individual lawyers (also called attorneys) are experts in different areas of the law. Some attorneys specialize in a certain field of law, such as business, civil, criminal, or juvenile law. You will need to determine which type of attorney is right for your legal situation.

What is law help interactive?

Law Help Interactive - This program helps you fill out legal forms for free, such as those dealing with:

Do you have a question?

Ask a real person any government-related question for free. They'll get you the answer or let you know where to find it.

Who handles the prosecution of a crime?

The prosecution is handled by lawyers employed by the governmental entity, and the defense is handled by either a publicly appointed defender or a private defense attorney whom the defendant pays. In criminal law, there are misdemeanors (small offenses) and felonies (more serious crimes).

Why do some courts deny claims?

This is because they know a certain percentage of people will simply accept that ruling and give up. Don’t be one of those people. Get a lawyer up front – they will take the fee out of the settlement, so there are no up-front costs.

What to do if you are injured in a car accident that is not your fault?

If you have been injured in an accident that was not your fault, the other guy’s insurance company will be all over you to settle your claim as quickly as possible. Don’t do it. In fact, never talk to an insurance company representative until you have first consulted a personal injury attorney. You may not be familiar with the laws or the normal compensation rates, but seasoned attorneys are. If you are injured in car accident, don’t talk to anyone except to answer cursory questions from the police on the scene.

How to save your family after you die?

Save your family from disputes and legal issues after you die. Set up your will or trust with a reputable attorney well in advance. Your first will should be set up as soon as you have a child and should be changed periodically throughout your life as circumstances change.

What is civil law?

Civil law also covers legal agreements, real estate transactions, divorces, child custody, and other matters where legal paperwork is necessary to protect all parties involved. Criminal Law: This area of law relates to offenses that break the laws of a local, state, or federal governments.

Can an attorney carry a suit into court?

There are both state and federal laws at play here, and the average person does not understand them. Only an attorney who specializes in this type of law is really qualified to carry your suit into court. You can be certain that the other side will have very solid legal representation. You should too.

Is a public defender better than a private attorney?

Defendants who have personally hired attorneys always fare better than those who do not or those who take a public defender. Remember, a public defender is on case overload, and will usually recommend a plea bargain that will be worse than what a private attorney could get you. If you qualify financially for a public defender, still try to find a friend or relative willing to pony up the money for a lawyer.

What is a family lawyer?

As the term implies, family lawyers focus on issues that have an impact on families. They deal with matters such as divorce proceedings, adoptions, and child custody. Common tasks include drafting custody agreements, wills, prenuptial agreements, and other documents.

Why is it important to have strong people skills in family law?

Moreover, strong “people skills” are especially important for family lawyers. Given the deeply personal issues inherent to family law, the ability to relate calmly and constructively with people who may be emotionally vulnerable is a must.

What are the factors that affect divorce?

In divorce cases, for example, considerations may include whether they are handled on a fault or no-fault basis, how assets will be divided, and various possible grounds such as irreconcilable differences, mental cruelty, or desertion. Child custody and support may be major factors as well.

Is family law a legal specialty?

Family law also remains a crucial legal specialty, covering issues core to a society’s culture and values. “There’s a rich body of [family] law,” Professor Teixeira de Sousa says. “Students are often fascinated by the way in which the common law [cases] reflect evolving gender roles and societal expectations of the family, ...

Is family law a broad area of law?

But family law is also a surprisingly broad legal area, says New England Law | Boston Professor Monica Teixeira de Sousa, advisor for the school’s Family Law Concentration. It touches upon everything from constitutional law to tax law to real estate. “The best way to think about it is, what are the legal issues that are likely to impact the family unit?” she says.

Do lawyers help their clients?

All lawyers hope to help their clients, but few do so with the emotional, personal impact of family law attorneys. After all, the things often at stake in family law cases—like a child’s welfare or justice for an abused spouse—have a gravitas many other areas of the law cannot match.

What can a divorce lawyer do?

An experienced divorce lawyer can also help you account for all the other side issues that arise when you are filing for divorce. You need to change your will, determine if you need to reach agreement on paying for any expenses such as your children’s college, prepare for changes to your taxes, etc. Your attorney will also ensure that the agreement incorporates all related aspects so that you do not show up to court with unconsidered issues left unresolved.

Who is the attorney for child custody in Texas?

If you’re facing child custody, divorce, or other family law issues in Texas, get legal help protecting your rights by contacting the talented, compassionate, and experienced Houston family law attorney Maria S. Lowry at 713-850-8859.

Can you have a third party handle a divorce?

First of all, if you are hoping for an uncontested divorce but you and your spouse still have specific issues to work out (property division, for example), it can be helpful to have third parties handle those negotiations.

Is it easier to divorce your spouse?

There are, thankfully, routes to streamline the divorce process to a certain extent. If you and your spouse agree that divorce is the best option and can work to approach the related issues with an open mind, the process will be much easier.

Do you have to appear in person for an uncontested divorce?

Moreover, uncontested divorce still requires filling out a series of legal forms, collecting documents regarding your finances and property, and filing the appropriate documents in the appropriate courts. You may still have to appear in person to provide the court some basic testimony before the court will agree to the divorce.

Can I file for divorce without an attorney?

Can I go through an uncontested divorce without an attorney? The short answer is: Yes. You do not need an attorney , by law, to file for uncontested divorce, and you can go through the process yourself. However, there may still be reasons why you want to have a lawyer on your side throughout the process. First of all, if you are hoping ...

Can a Houston divorce lawyer help you?

However, there are still legal hoops to jump through, and, often, disputes and complications arise. An experienced Houston divorce lawyer can help you protect your finances, your rights, and your property, even if you are seeking an uncontested divorce.

Why is it important to have a family lawyer?

It is important in divorce cases for an individual to have a family lawyer representing them to ensure their rights are protected.

What kind of services do lawyers provide?

Lawyers can provide a wide range of services to their clients. Some lawyers handle many different types of cases. Some lawyers specialize in one or two types, such as family and divorce law.

What Do Criminal Lawyers Do?

Criminal cases usually involve a prosecutor, a defendant and a defense attorney. A criminal lawyer is also sometimes called a defense attorney. These lawyers can be hired by the defendant or appointed by the court to represent the defendant.

What Do Probate and Estate Planning Lawyers Do?

Probating a will includes distributing property after a decedent, or individual who passed away, under court supervision. Guardianship is when an adult is appointed by the court to care for a minor child or a minor child’s property, such as a trust fund. Emancipation occurs when a minor child is granted certain rights of an adult, such as signing contracts. Conservatorship occurs when an adult is appointed to care for another adult who cannot care for themselves.

Where Can I Find the Right Lawyer?

LegalMatch.com is a fast, free, and confidential online platform to help you find the right lawyer for your case. LegalMatch.com provides attorney-client matching services based on the type of case, type of lawyer needed, and your location.

Why do you need a lawyer for a contract?

Even in transactional civil matters, such as drafting a contract, a lawyer can be very helpful. A lawyer can make sure contracts are drafted correctly and avoid problems at a later date. A real estate purchase, business purchase, and/or creation of a trademark or copyright will most likely involve a lawyer.

What is a lawyer?

A lawyer is an individual who is licensed to practice law in a state. Lawyers are also known as attorneys or an attorney at law. Some lawyers are licensed in multiple states. Some lawyers are admitted to practice at the Federal level as well.

Why is it important to have a family lawyer?

A family lawyer can make sure your rights are protected and you get everything you are entitled to.

Is a family lawyer good for guardianship?

To make sure that guardianship is done correctly, a family lawyer is an excellent idea. Ways Your Lawyer Can Help You with Your Divorce. The Difference between Legal Aid and a Public Defender.

Is child custody a difficult issue?

Child custody is an often difficult and contentious topic. We know how messy child custody can be. Having a good family lawyer is necessary to ensure a smooth child custody transition. If there are any issues in your child custody battle, then we know how to help solve this issue.

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