Expectations for You to Have Regarding Your Attorney in a Child Protective Services Case

Expectations for You to Have Regarding Your Attorney in a Child Protective Services Case

In this article, we’ll explore the crucial expectations you should have of your attorney in a CPS case. It’s essential to understand the support, guidance, and representation you are entitled to during this challenging legal journey.

The main emphasis today is on outlining the reasonable expectations one should have of their attorney in a CPS case, highlighting the responsibilities and duties of family law attorneys in representing their clients’ best interests in such critical situations.

The Responsibility to Meet With You as Soon as Possible

Once you have hired an attorney or have had one appointed to you by the judge in your CPS case, the lawyer should contact you by phone to set up an in-person meeting. If you have a court date coming up, this meeting should occur at least two days before the court so that you and your attorney can discuss strategy and goals. Your attorney should have at least a day after your meeting to work on your evidence-based presentation on anything new that has come up in your meeting.

The Responsibility to Meet With Any Persons With Information About Your Case

Another expectation to have for your attorney is to actively engage with all CPS personnel involved in your case’s investigation, your child’s attorney, any Court Appointed Special Advocates (CASA) assigned to your case, and anyone else possessing relevant information for your hearing. While your attorney will discuss with you the allegations against you, gaining insights from others’ perspectives on your case can prove enlightening and beneficial.

The Responsibility of a CPS Attorney to Keep You Informed About Court Documents

Expectations for You to Have Regarding Your Attorney in a Child Protective Services Case

Upon CPS filing a petition for your child’s removal from your home, they will also file an accompanying affidavit. This affidavit outlines the reasons for CPS’s involvement with your family and their belief in the necessity of removing your child from your home for their best interests.

Your attorney must explain the justifications CPS uses for seeking temporary custody of your child. This is not something where you will want to have to guess the reasons for your child’s removal or wonder why CPS is “picking” on you and your family. The language used in these documents is not always straightforward, so please have your attorney discuss this with you if something is confusing to you.

As new documents are filed, your attorney is responsible for providing you with access to these documents and clarifying any questions you might have. Do not feel like you are wasting your attorney’s time asking questions. Your attorney must be able to explain the issues of your case to you. If she cannot do so, how can you feel confident about her ability to explain the issues to a judge?

The Responsibility to Explain to You Proposed Court Orders and How They Can Impact You and Your Child

Every time you attend a court hearing, the judge typically issues orders from the bench, which get transcribed into a formal order signed by all parties involved in your case. These orders are more than mere suggestions for your behavior or that of any other party. They are explicit directives from the judge governing your actions in any situation related to your life and this investigation.

The last thing you want to do is attempt to comply with the order’s terms and then fail in areas you don’t fully understand. The best way to prevent this issue is to proactively discuss any court orders with your attorney. Request explanations for each requirement, and your lawyer will guide you through each one.

The Responsibility to Learn Your Goals for Your Case and to Work Towards Achieving Those Goals

Accomplishing your interests and goals is the primary objective and should be your top expectation in a CPS attorney. When you meet with your attorney early on and tell her what you want to have happened in this case, your lawyer will speak to you about each goal and give you advice and perspective on all of them. If you have a goal that is not feasible, your attorney should tell you as much. However, there is a difference between “infeasible” and “unlikely.” Just because a goal will be hard to achieve does not mean it should not be a goal for you.

Your attorney may not tell you everything you want to hear, and that’s ok. Your lawyer would be doing you a disservice by only telling you things that make you feel good rather than telling you things that allow you some perspective on your case. It is ok to disagree with your attorney. Ultimately in situations where you and your attorney disagree on a subject in your case, you are the one who has the final say- not your attorney.

The Responsibility to Communicate With You Regularly About Your Case

Expectations for You to Have Regarding Your Attorney in a Child Protective Services Case

If you have a hearing, meeting, or counseling session coming up, your attorney’s job is to keep you up to date about this. If she speaks with the CPS attorney about conditions for returning your child home, she needs to relay that conversation to you, allowing you to consider and decide if those conditions are acceptable.

The Law Office of Bryan Fagan, PLLC

Your attorney is the one who represents your interests in hearings and with CPS personnel, but she is not there to fight your battles alone. You, too, have responsibilities that need to be met to accomplish whatever goals you have for your CPS case. Please join us tomorrow as we discuss those issues in detail.

If you have questions regarding CPS cases or any other subject in family law, please do not hesitate to contact our office today. The attorneys with the Law Office of Bryan Fagan, PLLC, offer free of charge consultations six days a week. We will work with you to answer your questions and to assist you in learning more about your legal situation.

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