parental present when lawyer interview child

Barrett, 954 A.2d 610 (Pa. Super. 2008) that the attorneys for the parents have a right to be present when the child is interviewed and to question the children. Many judges openly discourage this. The rules also require that any interview of a child be transcribed by a court reporter and made part of the record.

Full Answer

Can the police legally interview a child without the parent's presence?

Can the police legally interview a child without the parent's presence? My nine year old niece who was a victim of child molestation was interviewed without his parent’s presence. Is that legal? * This will flag comments for moderators to take action. Yes, children can be interviewed by police without parental consent or presence.

Should parents be present during a police interrogation?

And while parents may be willing to do nearly anything to protect their children, police do not necessarily have to allow parents to be present during an interrogation. The best thing a parent can do for a child facing a police investigation or criminal charges is hire a qualified juvenile justice attorney.

What are the effects of interviewing a child?

Interviewing or interrogation can be traumatic and might cause the child to shut down and stop sharing information. Questioning by an authority figure or any adult also can influence a child's memory or interpretation of events, or even what he says about an event.

How do police interview a child about abuse?

If police need to question a child about suspected or alleged physical or sexual abuse, or if the child witnessed a very traumatic event, police normally refer the interview to professionals or an agency that has facilities and equipment for interviewing children.

Can a child be interviewed alone?

Children under 18 must consult with a lawyer before waiving Miranda rights. California law prohibits police from interrogating a child 17 or younger in custody until the child has consulted with a lawyer. The consultation may take place in person, by telephone, or by video conference.

Can a minor be questioned without a parent present in Florida?

Yes, the police can speak to, question and even detain a minor without contacting their parent or guardian in Florida.

What kind of questions do judges ask kids?

Here are some questions that a judge may ask during a child custody hearing:What Is Your Financial Status?What Type of Custody Arrangement Are You Seeking?How Is Communication With the Other Parent?Do You Have Any Existing Arrangements?

Can a minor be questioned without a parent present in New York?

You also asked what the situation is in other states. New York does not prohibit police from interrogating 16, 17 or 18 year olds unless their parent or guardian is present. It does provide certain protections for children under 16 years of age who are taken onto custody.

Can a child be questioned without an adult?

From the age of 10 years, a child can be arrested and interviewed by the police, or asked to attend a voluntary interview. The law requires that children have an appropriate adult with them.

Can you be handcuffed without being read your rights?

Many people believe that if they are arrested and not "read their rights," they can escape punishment. Not true. But if the police fail to read a suspect his or her Miranda rights, the prosecutor can't use for most purposes anything the suspect says as evidence against the suspect at trial.

What do judges look for in child custody cases?

The child's age, gender, characteristics and background will all be a factor in the decision process. The judge or magistrate will want to ensure that the child is safe from any possible harm and the parent has the ability to meet the child's needs.

What can be used against you in a custody battle?

The Reigning King of What Can Be Used Against You in a Custody Battle: Verbal or Physical Altercations. We wanted to start with the most simple pitfall to avoid: When tempers get high, it's quite alluring to get into a verbal sparring match with your ex-spouse.

What questions are asked in a child support hearing?

Questions related to a child's needs are mandatory, and you must give accurate data and information to the court. The parents should prepare for the hearing with exact and verifiable answers to the following questions: How old is your child/children? How much do you spend on child's clothing, food, and education?

Can a school question a child without a parent present UK?

Generally, school administrators can question students at school without a parent or guardian being present. The school district may have a policy that requires the school to first contact a parent, but each school district is different so it is important that you check the actual policy.

Can police question a 17 year old without parents UK?

Police are free to approach and question any child who may have witnessed or been the victim of a crime, just as they can contact and interview an adult. Police can question a child without a parent present and are not required to obtain permission from a parent before questioning the child.

Can police question a minor without parents in NC?

A juvenile younger than age 16 (formerly age 14) who is in custody cannot waive the right to have a parent, guardian, custodian or attorney present; and therefore the juvenile may not be questioned at all unless he or she: (i) waives the right to remain silent; and (ii) a parent, guardian, custodian or attorney is ...