if you hire a lawyer your deemed an infant or what

by Prof. Candice Johns 9 min read

The essential answer to the question is yes, you can hire an attorney even if the child has a GAL. Many people erroneously will refer to a GAL as the child's attorney. This is not the case. If anything, the GAL is the Court's attorney, but even that description is wrong.

Full Answer

Can I hire a lawyer if my child has a gal?

Ask a lawyer - it's free! The essential answer to the question is yes, you can hire an attorney even if the child has a GAL. Many people erroneously will refer to a GAL as the child's attorney. This is not the case.

Can a lawyer act on the behalf of a child?

The lawyer was appointed to act on the child’s behalf, independently from the parents. One of the parents may not want a child to have a lawyer. These are some of the reasons parents give:

Can I hire a free family lawyer for my child?

Your child will not be entitled to a free lawyer and the court has already appointed a GAL for the child. Family law attorneys will charge the same hourly rate and require the same amount of retainer deposit regardless of whether you hire them to be your child's lawyer or your lawyer.

Should I hire a lawyer for my child’s school discipline case?

Some states allow students to have attorneys represent them at school hearings. If there’s any chance that your child could be subject to criminal charges as well as school discipline, you should talk to a lawyer immediately.

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What is the agreement called when you hire an attorney?

No matter how well you know your attorney or how "simple" you think your case is, you should always have a written representation agreement (sometimes called a fee agreement) with your lawyer. These contracts set out the terms of the attorney-client relationship and the fees and compensation that you will owe.

What is an attorney called?

In the United States, the terms lawyer and attorney are often used interchangeably. For this reason, people in and out of the legal field often ask, “is an attorney and a lawyer the same thing?”. In colloquial speech, the specific requirements necessary to be considered a lawyer vs attorney aren't always considered.

Can a lawyer represent his mother?

Should a lawyer represent a family member? The answer to the first question is a qualified yes. Courts do not typically intervene in allowing a family litigant to choose their lawyer, just as they generally don't interfere with litigants who represent themselves. However, there have been exceptions.

How much does it cost to hire a lawyer?

You can pay anywhere from $50 to thousands per hour. Smaller towns and cities generally cost less while heavily populated, urban areas are most expensive. The more complicated the case and the more experienced the attorney, the more you'll pay. Lawyer fees can range from $255 to $520 per hour.

What is the difference between lawyer attorney and advocate?

An advocate is a specialist attorney who represents clients in a court of law. Unlike an attorney an advocate does not deal directly with the client – the attorney will refer the client to an advocate when the situation requires it. Advocates can also appear in the higher courts on behalf of a client.

Can you represent your family as a lawyer?

Technically lawyers are allowed to represent anyone, including members of their own families. However, depending on the state where you practice and type of case you need to handle, the answer to this question may be buried beneath a mountain of fine print and gray areas.

Can a lawyer fight for his family?

Yes. A lawyer can defend anyone who hires him or her.

Can a mother represent her son in court?

Parents cannot, however, represent their minor children. A parent can be their child's named representative on court papers. They still cannot be their in-court representative.

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 are things clients want to pursue as a matter of principle?

Things clients want to pursue as “a matter of principle” are rarely worth pursuing in court. This includes problems like someone demeaning you (slander and libel), causing you “emotional distress,” and minor disputes between neighbors. You won’t be able to prove any monetary damages.

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.

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 are some situations that are more conducive to self-representation?

These include: Parking Tickets And Minor Traffic Violations. Most people who go to traffic court for these minor infractions do not hire a lawyer. Relatively Simple Divorce.

Can you have two lawyers for someone who died?

In some states, even if you are in agreement , or close to agreement, you can both hire one lawyer to assist you in getting through the legal process. You Need To Administer The Estate Of Someone Who Died.

Do you have to consult a lawyer for personal injury?

You may have automobile or homeowners insurance, but it is still advisable to consult a lawyer. If you or a family member have been injured, and it appears you have a good claim, most personal injury lawyers will not charge you any fee, but will take payment from the judgment they obtain.

What does a lawyer do for a child?

respect the duty to keep information confidential. Lawyers acting for children must explain the child’s opinion to the judge and not give their own opinions. This is true even if the child is being influenced by the parents.

Who decides if a child needs a lawyer?

Who Decides a Child Will Have a Lawyer. Judges can appoint a lawyer if they think this is necessary to protect the child’s interests. Judges can do this on the request of one of the parents or on their own. Children can decide on their own that they need a lawyer. A lawyer will intervene in the parents’ conflict on behalf of the child. ...

Why do parents not want to have a lawyer?

When a Parent Does Not Want the Child to Have a Lawyer. One of the parents may not want a child to have a lawyer. These are some of the reasons parents give: The child does not need a lawyer. The child’s request for a lawyer is not really coming from the child but from the other parent, who is manipulating the child.

How to make sure a child's rights are respected?

make sure the child’s rights are respected, present any evidence or bring to light any element that could help the judge decide what is in the best interests of the child, make the child’s views known, if the child expresses a point of view, and. express their own conclusions as lawyers in an objective way.

What does it mean when a child is old enough to be a lawyer?

If the Child Is Old Enough and Mature Enough. A child’s lawyer must act the same as towards an adult client. Therefore, the child has the right to expect the lawyer to. Lawyers acting for children must explain the child’s opinion to the judge and not give their own opinions.

What did the father decide to do with the child?

The father decided to keep the child with him, even before the court hearing was held. The mother wanted the child returned to her. The judge returned the child to the mother. He noticed that the child was upset and appointed a lawyer for her. The lawyer’s job was to clearly express the child’s wishes to the court.

What did the children want to live with?

The children wanted to live with their father , not with their mother. The mother said the father was to blame for this. Three expert evaluations were carried out, and they agreed with what the mother said. The father wanted a lawyer to represent the children and asked the judge to allow it.

Why should I hire an attorney?

Below are the top ten reasons to hire an attorney. 1. The Law is Complicated. If you're not a lawyer you probably have no business acting like one in certain instances. Even experienced lawyers typically do not represent themselves in court. Also, attorneys tend to specialize in one or more legal practice areas, such as criminal defense or tax law.

What happens if you don't have an attorney?

If you're not an attorney, you may struggle with the deadlines and protocol for properly filling out and filing certain legal documents. One late or incorrect filing could derail your case, delay a given legal procedure or worse - have the case thrown out altogether (and not in your favor).

What do attorneys depend on?

Attorneys depend on an extended network of professionals to help their clients ' cases. Most non-attorneys don't personally know the types of professionals who can help with discovery or challenge evidence or testimony by the opposing party.

Do I need an attorney for a speeding ticket?

Not every legal matter requires the use of an attorney. Fighting a speeding ticket and going to small claims courts are two examples. However, in many other situations involving a legal dispute, challenge, or deal, you may not wish to chance the risks of going it alone without the advice of an experienced lawyer who can help you out. In fact, while good legal representation may not be cheap, it can help get you out of a number of sticky situations, such as a bad divorce, lost job, or DUI violation.

Can I have a free consultation with a lawyer?

Since many attorneys will meet with you for free during a face-to-face consultation, there is really no harm in talking with one. Not only will a free consultation give you an idea of the type of case you have and its likely outcome, it will help you decide whether you actually need to hire a lawyer.

Is it better to plead guilty or admit fault?

Pleading guilty or admitting fault isn't the only choice, even if there's evidence pointing directly at you. When you hire a lawyer, they can explain all of your options and can help you avoid potentially severe penalties even before a trial begins. 7. It's Always Better to Avoid Problems Rather Than Fix Them Later.

Can a solid case unravel without a lawyer?

A solid case can quickly unravel without the help of a trained and emotionally detached attorney. Similarly, failing to hire a lawyer when starting a business, reviewing a contract, or embarking on other endeavors with potential legal ramifications can result in otherwise avoidable pitfalls. 2.

What age can a child work in the US?

The Fair Standards Labor Act prohibits children under the age of 18 to work in certain occupations deemed to be hazardous by the Secretary of Labor. These same rules apply even if you hire your own children.

What age can a child work in hazardous occupations?

Further Limitations on Child Labor in Hazardous Occupations. The Fair Standards Labor Act prohibits children under the age of 18 to work in certain occupations deemed to be hazardous by the Secretary of Labor.

What to do if you think your child's rights have been violated?

Seeking Legal Help. If you think that your child rights had been violated at work, you may need assistance from an employment or labor lawyer. A lawyer can help you understand your child’s rights and the various laws that may apply to his or her situation.

How many hours can a 14 year old work?

Children Ages 14 and 15: since this is the youngest category of children permitted to work (except for children in agriculture), the most regulations apply here: When school is in session, these children are permitted to work a maximum of 18 hours per week and no more than 3 hours per day.

What is the minimum wage for youth?

Federally Mandated Minimum Wage for the Youths. After initial employment, youths under 20 years of age may be paid a lower minimum wage of $4.25 per hour for a period of 90 calendar (not working) days.

What are the job related activities that are deemed to be hazardous?

The job-related activities that are deemed to be hazardous include: Manufacturing and storing explosives. Activities related to motor vehicles (driving, helping to unload) Forestry and firefighting-related occupations.

Can a 14 year old work in agriculture?

However, under certain conditions, even 14-year-olds may work in certain occupations provided that there is no overlap with school hours. For agricultural work (such as farming), the minimum age for children is 12 under the federal law. Parents must permit their child to work and the working hours must not coined with school hours.

What to do if your child is accused of misconduct?

If your child has been accused of misconduct that could lead to a suspension or other serious discipline, you’ll want to know how to approach the discipline proceedings and protect your child’s rights. An attorney who specializes in education law should be able to help.

What are the punishments for breaking the rules?

When students break the rules, schools have a fair amount of discretion in handing down punishment. The most common types of punishment include: 1 loss of privileges, such as participation in school sports or other extracurricular activities 2 service in the school or community 3 detention (when student is assigned to a special classroom during lunch, after school, or on Saturdays) 4 exclusion from a particular class 5 in-school suspension (when the student is removed from all regular classes but stays on campus in a separate room) 6 out-of-school suspension (when the student is removed from school from a few days to several months), and 7 expulsion from the school.

What happens when students break the rules?

When students break the rules, schools have a fair amount of discretion in handing down punishment. The most common types of punishment include: loss of privileges, such as participation in school sports or other extracurricular activities. service in the school or community.

What is the term for a student who is assigned to a special classroom during lunch, after school, or on

detention (when student is assigned to a special classroom during lunch, after school, or on Saturdays) in-school suspension (when the student is removed from all regular classes but stays on campus in a separate room) expulsion from the school.

Can teachers spank kids?

In most states —and many large urban school districts in the remaining states —teachers and other school officials aren't allowed to hit or spank children as a form of discipline. To find the rules on in your state, see this search tool for school discipline laws and regulations by state.

Can a college discipline a student for hazing?

College and university students may also face disciplinary proceedings for a range of misconduct, including underage drinking or possession of illegal drugs, sexual assault, harassment, hate crimes, hazing, cheating, and plagiarism. Courts tend to support the authority of colleges to discipline students for off-campus behavior if it affects the schools' educational mission, reputation, or functions. But it's not clear in all states whether that authority extends to punishing athletes and other students for what they post on social media.

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Special Education Process Lawyer

  1. The IEP team refuses to evaluate your child for a disability, or staff outside the IEP process tell you your child doesn’t need to be evaluated.
  2. IEP Team says “we don’t do that” [in general]. Remember, this is an INDIVIDUAL education plan.
  3. IEP Team says they don’t have the resources or funding to give your child what she needs.
  1. The IEP team refuses to evaluate your child for a disability, or staff outside the IEP process tell you your child doesn’t need to be evaluated.
  2. IEP Team says “we don’t do that” [in general]. Remember, this is an INDIVIDUAL education plan.
  3. IEP Team says they don’t have the resources or funding to give your child what she needs.
  4. Your child has an IEP but is not making progress in YOUR opinion. For example, a child with a learning disability is not making reading progress, or a child who needs social support isn’t getting s...

How to Hire A Special Education Lawyer

  • If you decide to hire an attorney to help you through this process, be sure you are consulting with someone who practices special education law exclusively or at least primarily. There are certainly general practice attorneys who will be happy to get involved, but special education law is a highly specialized practice, and interacting with school systems is more effectively done by someone …
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A Word About “Advocates”

  • Hiring an “advocate” can be tricky, because there is no universal qualification or training process. Ask anyone you are thinking of working with to describe the specific and on-going training they have received, their level of experience, their relationship with your district and the point at which they would refer you to a professional educational consultant or attorney. Hiring a special educa…
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