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LawHelpNow
LawHelpNow, Attorney/Lawyer
Category: Family Law
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Experience:  Relax. Let's work together. Practical solutions.
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How many days do you have to file a DECLARATION before the

Customer Question

How many days do you have to file a DECLARATION before the court after cps has gotten the judge to request a HEARING based on false allegations ?
Submitted: 1 year ago.
Category: Family Law
Expert:  LawHelpNow replied 1 year ago.

Hello Marjorie,


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.


Take care,


Ben, J.D.

Customer: replied 1 year ago.
My boys where not removed? I am a workers mother of two ages15 and 12. My boys are home schooled the only thing they did was get the court to sign for boys to summit to hair folic and interview without my consent. I had no choice at this time but to follow a court order. I received however the alleged abuse reported by a friend who out of malice and fear of lawsuit from myself for money she owed gave false REPORT. I was just served 3 days ago for request for Hearing so my question is how many days do I have to file my Declaration before court Hearing March 7?
Expert:  LawHelpNow replied 1 year ago.

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.

Best regards,


Ben, J.D.

Customer: replied 1 year ago.
In your Opinion and only that based on what I spoke of briefly would you hire an attorney? AT PRESENT WORKING ON MY DECLARATION giving my account of the FACTS. TIME STARTS THE DAY I WAS SERVED BY CONSTABLE? Or No Limits is the TEXAS LAW so I am good and If I have not had enough time to research and seek appropriate Council then could I not summit a Declaration asking for a Continue or to EXTEND? NOT SURE WHATS THE PROPER WAY OF SAYING
CORDIALLY MARJORIE
Expert:  LawHelpNow replied 1 year ago.

Hello Marjorie,

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,

Ben, J.D.

LawHelpNow, Attorney/Lawyer
Category: Family Law
Satisfied Customers: 7592
Experience: Relax. Let's work together. Practical solutions.
LawHelpNow and 3 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
Hello Ben,J.D. My question is this I only received notice of a hearing on february26 2013 since that time I have been preparing my intent to sue and declaration as well as trying to hire a suitable attorney for my hearing. So,here is my question my court date is March 7 after hiring my attorney hopeful one today is it reasonable to assure we my attorney and I be permitted to ask that another court date be granted in order to have sufficient time to review or put in place my response and or defense?
Expert:  LawHelpNow replied 1 year ago.

Hello again Marjorie,

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.

Take care,

Ben, J.D.

Customer: replied 1 year ago.
In your opinion and according to Texas Law with Expert knowledge of Family Law and handling of cps what is the likely hood of the court to agree to a continuance? Please give answer in form of percentages.

Cordially,

Marjorie Jackson
Expert:  LawHelpNow replied 1 year ago.

Hello Marjorie,

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.

Best regards,

Ben, J.D.

Customer: replied 1 year ago.
What if I have no secured an attorney as of yet and I am three days away? Don't I have a right to a attorney? Could I be forced to go without such? Just want to research every avenue and understand my rights.
Expert:  LawHelpNow replied 1 year ago.
Hello Marjorie,

I enjoyed working with you recently.

How are things going?

Is there anything else I can do to help?

Please just let me know.

Thanks!

Ben, J.D.
Expert:  LawHelpNow replied 1 year ago.

Hello again Marjorie,

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.

Kind regards,

Ben, J.D.

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