Our attorneys, paralegals, and social workers assist parents to navigate DHS investigations, resolve disputes with DHS, and offer legal advice before a parent is taken to court and are appointed a lawyer. See below for the hotline number and hours.
I have seen letters which include the instruction that the attorney is NOT to talk with CPS without the parent being reuqested to be present. I have also seen a demand that if the attorney at any time fails to believe the parent is innocent, the attorney should notify the parent and leave time for a motion to dismiss the attorney. One more thing.
If you have a court appointed attorney in a CPS case you will need to make sure that person will work for the best interest of your case. Skip to main content Skip to primary sidebar
We have experience fighting DHS and we are well-versed in the Oklahoma child custody laws. Our knowledge and skill will guide you through this emotional and stressful journey so that you can get your kids back quickly and efficiently. Our aim is to bring your family back together with the least amount of emotional damage as possible.
A custody evaluation (or Parental Responsibility Evaluation as they are called in Colorado) are another pricey aspect of the matter. These can be order by court in case the mediation failed and you are now going to a trial. The estimated rate for a parenting responsibilities evaluation report is between $2,500-$3,000.
A: The grounds for termination of parental rights in Colorado are very specific. Under clear and convincing evidence, it is possible to successfully terminate parental rights without much hassle.
What are my rights? You have the right to talk to your CPS caseworker. Communications with the caseworker are not confidential and anything you say can be used in court. If CPS has filed a lawsuit against you to take your children, you have the right to a court-appointed attorney if you cannot afford an attorney.
about 45 daysAlthough it depends on the particulars of the case, CPS usually has about 45 days to complete an investigation. If an investigation takes longer than this time, CPS has to notify the parents with reasons for its delay.
6 monthsAccording to Colorado law, a parent has abandoned their child if one of the following criteria is met: The parent has given up custody for 6 months or longer. During that time, they have made no effort to care for their child or to resume any sort of custody arrangement.
Generally speaking, a parent is considered an unfit parent in Colorado if they have either failed to meet the child's needs or endangered the child's well-being.
You can hire a lawyer on your own if you can afford to pay one. That is the best-case scenario. A court-appointed attorney can be made available to you, but only in the later stages of your case and only if you can prove yourself indigent.
In many circumstances, the best way to beat the case is to go for a dismissal. In Texas, a Child Protective Service case may be dismissed should the judge deem there to be a lack of evidence to warrant such an investigation or indictment, or if CPS is satisfied that certain circumstances are met.
Unfortunately, unless your civil rights are violated, you likely won't have any legal claim against Child Protective Services. Typically cases don't come out of the agency's day-to-day processes or its representative's routine actions. So, you likely won't be able to sue for emotional distress.
Re: Can social workers just enter and search your home You have every right to refuse any social service people admission to your home. They would have to go away and get police assistance + court order (they would have to provide enough evidence to a judge it was an emergency, that your kids were at risk).
If they suspect a child might be at risk of harm, they have to look into the child's situation and take steps to keep them safe. They might decide to put the child on a protection plan. They may interview or medically examine your child without you present.
California law holds that CPS reports are confidential and may only be disclosed as provided by law.
The term parenting recommendation expert does not appear in any statute - it is just a simple term for the title of this article to denote an expert whose rule is to investigate a parenting situation, and make recommendations to assist the judge in deciding a parenting situation.
In parenting cases which are either higher-conflict, or involve deeper issues (an unfit parent, relocation, parental alienation, domestic violence, etc), the court may appoint an expert to assist. Typically the expert is appointed by agreement of the parents, or when one of them files a motion; rarely does the court sua sponte appoint an expert on its own initiative.
A typical parenting evaluation takes about 90 days to complete, and the actual process depends upon the policies of the specific PRE. By law, the PRE may consult anyone with information about the child, and refer the child to other professionals for diagnosis.
The family law attorneys at Graham.Law have years of experience helping clients through the Colorado legal system. We know Colorado family laws, inside and out, from divorce to legal separation, including parenting and child custody issues. For more information about our El Paso County family law firm, click on:
Formerly known as a Guardian Ad Litem, a Child’s Legal Representative (CLR) is an attorney appointed pursuant to C.R.S. 14-10-116 to represent the best interests of the child. Note that the lawyer does not represent the child, but the child's "best interests".
Typically, when the parents agree on a professional, the fees are divided proportional to incomes. When one party files a motion seeking the appointment of one, the Court may allocate the fees to that party initially (subject to reallocation at the actual hearing), or divide the fees between the parties.
In 2012, Colorado enacted SB 12-056, which amended each of the applicable appointment statutes to require that a CLR, CFI or PRE provide, within 7 days of appointment, the parties, counsel and court with a disclosure of the nature of any familial, social, or financial relationship with a party, counsel, or judge.
In order to determine if you are qualified to receive a free attorney, your parents, guardians or legal custodians must fill out an application for the Public Defender. To get an application for a Public Defender, you can contact one of the Public Defenders’ 21 regional trial offices ( Public Defender Offices list with counties) or click on this link Public Defender Application for an electronic copy of the application form.
If you are in the custody of the Department of Human Services or in the custody of county social services, you will automatically be provided with a court appointed attorney. Additionally, even if you do not request an attorney, the court can appoint an attorney for you anyway if the court determines that it is in your best interest to have representation.
The attorneys at Owens Law Office, PC realize that Oklahoma family law litigation often deals with matters of the heart. Some of the cases we handle include: 1 Natural parents’ rights 2 Grandparents’ rights 3 Foster parents’ rights 4 Adoption of foster children
The Oklahoma judges typically consider the child’s best interests when DHS/child welfare, foster, and adoption issues are brought to the courts. Generally, the child’s health and safety are also considered during any court proceedings, and sometimes, the child’s age, attachment issues, physical, mental and emotional state and well-being, ...
Although (Department of Human Services) DHS is charged with looking out for the welfare of children, they often make incorrect judgment calls, consequently ripping decent and loving families apart for no reason. These situations are extremely delicate and time-sensitive and you need to be able to present your side of the case and bring your children home where they belong as soon as possible.
As a foster parent, you may feel like you have no legal right to fight for a child you have fallen in love with. Most foster parents do not understand the extent of their rights. That is why the attorneys at Owens Law Office, PC have devoted their efforts to advocating for foster parents and children. Foster parents and foster children in Oklahoma ...
If you have decided that you want to adopt your foster child, you will need the assistance and guidance of an experienced Oklahoma adoption lawyer. Cases involving adoption and foster children can be stressful and emotional, especially when rights of the natural parents are being terminated.
Foster Parents Have Legal Rights, Too . Children who are temporarily or permanently taken away from the natural parents by DHS or who are left without a legally responsible guardian are typically placed in foster homes. It takes a special type of person to become a foster parent.
If you have a court appointed attorney in a CPS case you will need to make sure that person will work for the best interest of your case.
If you don’t set forth your requests in writing, there’s no proof you asked for anything in particular to be done. Let’s face it. Some court-appointed attorneys are awesome workers who really care, but too many court-appointed attorneys are known for what they don’t do.
You have to do something to get a dead-beat court-appointed attorney’s attention. Writing letters is the way to go. A letter puts your attorney on notice that (1) you have some legal knowledge, (2) you want your children back, (3) you want a better quality of representation than they are giving to most clients.
The main problem with court-appointed attorneys is that they are paid by the county; that same county that is your adversary in juvenile court. So how motivated can a county-paid attorney be to go against the county and help you? Turn the tables. Take charge of your case by letting your attorney know what you need.
Take charge of your case by letting your attorney know what you need. A way to help your attorney make decisions about your case is to decide, yourself, how you want it handled. Then sit down and write your attorney a comprehensive letter detailing exactly what you want to have done. A keyword to remember is proactive.
I understand that many court-appointed attorneys tend to simply guide parents through the juvenile court system, advising them to plead guilty to charges to make things easier for everyone else in the courtroom. This is not the kind of representation I’m requesting. I’m asking you to be actively involved in proving my innocence.
Get over the idea that you might find a good pro-bono attorney. It rarely happens.
And instead of having a winning issue where the judge sees the contrast between you and the bad co-parent, the judge sees two bad parents who both let their grudges interfere with the children’s best interests.
If you think your ex is endangering the children, or the kids refuse to go, talk to your lawyer. The advice will rarely be to unilaterally withhold the kids – instead, it may be to file a motion, or in more serious cases, contact DHS or the police (don’t do this absent talking to an attorney first). But unless the court signs an order modifying the parenting schedule, disobeying that schedule is not just bad co-parenting, it’s violating the court order.
And the flip side is also true – if the other’s conduct is not as bad as you think, you complaining about it will not only convince a judge that the behavior was bad, but instead may backfire on you as the judge considers you as too quick to criticize.
If your ex doesn’t pay support, deal with that through contempt of court, not by denying him parenting time.
It happens to the best of parents – frustration levels rise, and after taking whatever indignities the other parent has been throwing at you for months, you finally give back as good (or bad!) as you get. And by doing so, you’ve taken a step towards becoming a bad co-parent, something that will later hurt your child custody case.
In short, the ratio of “badness” matters little – the judge won’t view the other parent as 10x as bad. Just one little bit of bad co-parenting by you has negated a whole pattern of bad acts by the other side, and therefore negated what should have been your advantage.
This article does not delve into how bad co-parenting is harmful to the children – instead, it’s a practical primer on bad behavior to avoid at all costs from a law firm which has seen first-hand the self-inflicted harm they cause in hundreds of child custody cases. There are better ways to deal with a toxic parent on the other side than to retaliate with parenting.