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Dimitry Esquire
Dimitry Esquire, Attorney
Category: Criminal Law
Satisfied Customers: 41221
Experience:  I provide general practice and mediation & arbitration services to my clients.
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CPS is insisting on interviewing my minor children. Do I

Customer Question

CPS is insisting on interviewing my minor children. Do I have the right to have an attorney present with my children during the interview or do I have the right to videotape the interview?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Dimitry Esquire replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

There is no right for you to be present, I am afraid. Since the questions may involve you, the CPS agents may intentionally keep you out under the guise of potential duress (in essence they can claim that if you are present, that can keep the children from speaking out true facts as they would be afraid of reprisal from you). As far as your attorney being present, that is not possible, but you could hire a "G.A.L." or a guardian ad litem to represent the children and be there to ensure that their rights are protected. You are not entitled to record the proceedings, but the GAL may push to do so if you retain one on behalf of your children.

Sincerely,

Dimitry, Esq.

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