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Michael J, Esq.
Michael J, Esq., Lawyer
Category: Family Law
Satisfied Customers: 3425
Experience:  Licensed Attorney - represented hundreds of clients in criminal cases, family law disputes, traffic issues, and general legal issues. Youth Court Prosecutor.
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My child is on a out of control charge by her school. She

Customer Question

My child is on a out of control charge by her school. She failed her diversion so we are now in court. I wasnt aware that the assessment showed domestic violence in the home on too if she and I having a toxic relationship. I was told there weren't any red flags. Nothing to do, but this pops up in court two months later. My daughter was given a public defender and social service was sent to check out my home and her dad's home. My child was told if she felt abused she should tell social service to remove her. My point is this not the case. This was never bought up before.Actually her new therapist and cdw said she lies, manipulates, and in control of her actions. Our original over three years therapist feels oposite of that. She feels she is misdiagnosed and have found no signs of abuse. Although her cas I feel I should be appointed a lawyer to counter act these accusations that could result in something and im not being defended because it's my childs case but im the center of ATTENTION. Do I have any legal grounds.
Submitted: 2 months ago.
Category: Family Law
Expert:  Michael J, Esq. replied 2 months ago.

Hello and thank you for contacting JustAnswer. My name is Michael; I look forward to assisting you today.
By continuing, you acknowledge that I am not providing legal advice and can only comment on the law in general.

I'm really sorry to hear about your situation. Do you have legal grounds for what? Please explain your question in a bit more detail and I'll answer promptly. I deal with CPS all the time and am familiar with these situations.


Customer: replied 2 months ago.
Im not quite undersatanding your question. Ibput every detail I could. I basically feel I should have a public defender although its not my case but accusations are being entered as to why my daughter is behaving this way that I had no knowledge of. Actually beyond control was a joint effort that the school and I thought would be good to light a fire under her. Then all of the accusations came later from cdw assessment and partial a out patient hospitalization I sent her to for a month and a half and they dismissed her. I feel if your saying things against me that can be detrimental and cause removal of my child that I have immediate right to free representation but thats not be offered
Expert:  Michael J, Esq. replied 2 months ago.

OH, I see.

Currently, the Supreme Court has not ruled that you have a right to counsel when you are charged with neglect. You would need to hire an attorney. However, many courts are starting to appoint those charged with neglect anyway. I would write a letter stating your wish to be appointed counsel. If they refuse, you would have to hire private counsel.

I hope this helps!

If you valued my time, please consider rating me positively at the top of the page. Experts don't get credit for our answers until you do. If you have further questions, please continue to ask them until you're completely satisfied.
DISCLAIMER: This is not legal advice and I am not your lawyer. My questions are based on my knowledge of the jurisdiction where I am admitted to practice, my experience on this site over several years, and research on the relevant laws and statutes for your jurisdiction, if any. My information is not advice and you should always speak to local counsel before you act.

Customer: replied 2 months ago.
I guess we are not understanding each other. I am not charged with anything..I dont know but here in kentucky(graves) we are appointed with lawyers for neglect and abuse. So thanks but my question really wasnt answered
Expert:  Michael J, Esq. replied 2 months ago.

I'm sorry about that. I'm here to make sure you get an answer. Could you please restate the question?

Above, you said, " I basically feel I should have a public defender although its not my case but accusations are being entered as to why my daughter is behaving this way." This is the only question that I see other than "Do I have legal grounds?" in the first paragraph, which I also took to mean "Do I have legal grounds to be appointed an attorney?"

Let me know. Thanks!

Customer: replied 2 months ago.
I guess you answered it with stating I do not have the right to a public defender. Im not sure that is exactly correct. I could hire a lawyer but dont know at what point since im confused on this situation all together now. My daughter is at the pre trial stage but social service will enter a deposition which upon reading is a bit early.. Im just so confused and I thought I would get a littlr more for 47 dollars.
Expert:  Michael J, Esq. replied 2 months ago.

If you tell me what more you need, I'll be happy to answer you. There is no recognized right to an attorney if you're charged with neglect, although individual states are starting to appoint them. However, you wouldn't be appointed one until AFTER the petition is filed against you. Until then, you wouldn't be entitled to anything. I have great familiarity with this area of law and am happy to answer any further questions you have, if you let me know what it is you want to know. Remember, I can only answer what I am asked. :)


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