when to talk to a lawyer about child

by Jana Green 4 min read

Teens have the right to speak to a lawyer when the police arrest or detain them. The defence lawyer’s role is to act in the teen’s interests. The lawyer also helps the teen during the process that follows the arrest or detention. Important! Your child is brought to a police station and does not know any lawyers.

Should I ask for a lawyer for my child?
  • you and the other parent disagree about custody or visitation;
  • you are worried about your child's safety (if there is substance abuse, child abuse, or domestic violence); or.
  • there is a question about paternity.

Full Answer

How old does a child have to be to talk to judge?

There is no bright line on how old a child must be before the judge will talk to him/her. The child has to be old enough to understand what is going on. There is a formal process that must be followed in which your daughter (or her attorney) asks the judge to talk to the child. The judge has the discretion to decide whether to talk to the child.

What should I expect from my lawyer before going to court?

Before heading to court, your lawyer should inform you of all of the current laws that have to do with your case. They’ll also be responsible for telling you what each law means and how it can be used to your advantage in court. 2. What Will the Court Take Into Consideration?

What questions to ask a child custody lawyer?

Here are 10 questions to ask a child custody lawyer. It’s important to fully utilize your attorney’s expertise and feel completely comfortable. Don’t hesitate to ask them questions about his or her experience, your case, and how they can ultimately help you keep custody of your child. 1. What’s your experience?

Can a judge talk to a child in a custody case?

There is a formal process that must be followed in which your daughter (or her attorney) asks the judge to talk to the child. The judge has the discretion to decide whether to talk to the child. What the mom wants the child to say needs to be relevant to the issues in the case.

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When should you talk to a lawyer?

An incident of driving under the influence or domestic violence; accusations of any kind of criminal behavior, including white collar crime or tax fraud, should send you straight to your lawyer. If you don't have a lawyer, then your first call should be to someone you trust to help you find one.

What are some of the reasons children should have counsel appointed for them?

Minor's counsel may be appropriate under the California court rules where: There is high conflict or extended legal history between the parents. The dispute is causing the child stress. There is information available about the child's best interests that is not likely to be presented by either parent.

What should you not say to a lawyer?

Five things not to say to a lawyer (if you want them to take you..."The Judge is biased against me" Is it possible that the Judge is "biased" against you? ... "Everyone is out to get me" ... "It's the principle that counts" ... "I don't have the money to pay you" ... Waiting until after the fact.

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

In special circumstances, a court may consider a child as young as 10 years old sufficiently mature enough to meaningfully contribute to decisions about her welfare. The over-riding factor is the best interests of the Child.

What does a lawyer for child do?

The role of a lawyer for the child is to act for the child in a way that the lawyer thinks will promote the child's welfare and best interests. The lawyer will meet with the child to find out his or her views, and will present those views to the court.

Should you tell your lawyer everything?

It's almost always advisable to tell your lawyer the whole truth about your case, even if you've committed a crime. Giving your lawyer all the facts helps them craft the best defense by raising reasonable doubt. Even when a client admits guilt, there are usually many mitigating circumstances that can come into play.

What you should know before you talk to a lawyer?

10 Things You Should Know Before Contacting a LawyerHave Your Documents Ready. ... Research the Elements of Your Case. ... Don't Call if You Just Have a Question. ... You May Not Speak to a Lawyer Right Away. ... Do Not Ask the Legal Support Staff for Advice. ... Don't Provide Too Much Information. ... Answer the Lawyer's Specific Questions.More items...•

What is the most common complaint against lawyers?

Perhaps the most common kinds of complaints against lawyers involve delay or neglect. This doesn't mean that occasionally you've had to wait for a phone call to be returned. It means there has been a pattern of the lawyer's failing to respond or to take action over a period of months.

Why do lawyers ignore you?

If your attorney is not experienced or efficient, they may have missed a deadline or made another mistake and aren't willing to confess their error. There could also be some bad news that is entirely outside of the attorney's control.

What do you say when talking to a lawyer?

Tips for Talking to an AttorneyAlways be as honest and candid as possible about the facts of your case. ... Ask questions if you don't understand something that your attorney mentions or explains to you.Approach an attorney about your case as soon as you think you may need one.More items...•

What are good questions to ask lawyers?

Questions to Ask Your Lawyer During a Consultation1) What kind of experience do you have with similar cases?2) What would be your strategy for my case?3) Are there any alternatives to going to court?4) What are my possible outcomes?5) Who will actually handle my case?6) What is my role in my case?More items...•

Does my lawyer have to do what I say?

An attorney must always do what they say they will in a prompt and timely manner as unreasonable delay may adversely affect the outcome of your case.