Family Law Questions? Ask a Family Lawyer Online.
My name isXXXXX a licensed attorney (State Bar of Texas). Glad to try and help out.
Sure sorry for the circumstances, truly. My heart goes out to you.
Here's how this works in terms of time tables. Once a child is taken into custody, the law mandates a judicial hearing within 14 business days. Sometimes this is informally called the 14-day hearing/ Also, in cases where a parent contests the action (such as here), it's known as a show cause or adversary hearing. A parents is entitled to legal representation, and that includes the actual appointment of counsel if required based on finances. So, the botXXXXX XXXXXne is that you have 14 days, counted as outlined above.
If you have a follow-up question or need clarification, please just say the word by using "reply" to reach me.
I truly hope all works out for you.
Hello again Marjorie,
Thanks for writing back...nice to hear from you!
I am so sorry for misunderstanding your situation. I sincerely XXXXX XXXXX am of course glad there has been no removal in your case. I am pleased to say the law does not impose any time limits in such cases. In other words, you can file your declaration right up until the time of the hearing, although of course earlier is preferable if at all possible. Texas Family Code § 262.001 et seq.
I truly hope all goes smoothly and that justice is accomplished here.
Yes, without a moment of hesitation or doubt, I would hire an attorney were I in your shoes.
The good news, however, is that it costs $20 to schedule a consultation. That includes not only the referral but the actual attorney time as well, which is an incredible bargain in today's world. Without a doubt, this would be the number one best favor you could do for yourself.
Here's a resource you can trust both in terms of economy and reliability:
Texas Lawyer Referral Information Service
It's entirely up to you whether or not to proceed. However, I can tell you the harsh and bitter reality is that I've seen more folks chewed up and spit out by the system than I even care to recall.
I'm signing off for the night, but I want you to know it's truly been a pleasure interacting with you and I'll hold a good thought for everything to go just as smoothly as possible.
Hang in there,
Thank you so much for the courtesy of your favorable rating, which I greatly appreciate!
I'm glad to hear you're hiring counsel today, which is great news. I can't speak for him or her, of course, but were I in your attorney's shoes, my first priority would be seeking a continuance in order to be permitted adequate time to prepare your case.
I can't venture into percentages, but here's what I can say. Trial amendments and continuances, especially on the first time around (meaning no prior abuse of constantly trying to stall), are liberally granted. I can't imagine your attorney's motion being denied, but then again anything is possible.
Yes, fortunately the law does provide you with a right to the appointment of counsel. If you can't hire a lawyer by your hearing, you would appear and tell the Judge you need representation. The proceedings would be abated (stayed) until your attorney was appointed and had a fair chance to get up to speed. In my experience, Texas Judges tend to be quite reasonable in such cases.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).