We've been served

MeadowLark

New Member
HI all,
Well tonight at 5 pm; we got served. We have to be at court Monday morning at 9 am.The way these papers are written up; it looks aweful. Like we're the abusers instead of my son needing help. sigh... At the time we were served there is not even time to apply for an public defender / lawyer of any kind. Not that we can afford anyone anyway.
Just have a whole weekend to mentally try to stay in one piece.
I'm definately not good at this.
MeadowLark...nervous to say the least.
 

timer lady

Queen of Hearts
MeadowLark,

I had to go to court for wm over a year ago; I showed up early & asked to speak with a court appointed public defender. Didn't really need one - just wanted representation at my side.

The attorney & I met before court time & went before the court with me. For us, it was a matter of continuation of out of home placement issues for wm. There was little doubt anything would be changed but I was glad to have this lady at my side.

Keeping fingers crossed that things go well Monday.
 

momof4insc

New Member
Hey there, in ANY court, you have the right to representation. If you wish to proceed pro se (no attorney), I beg you to put on the record that you object to DSS's allegations. The first thing is to write an "answer to claim" if you want I will be home all weekend and can help you. Do you know what judge? I've been through them all in Charleston and Berkley counties (very long stories). Don't let their motion get you down, its just to intimidate you. You WILL overcome all of this.
 

Stella Johnson

Active Member
You do have a right to ask for a public defender when you get to court. Don't let them proceed without one. Are they threatening to take your other kids as well? That is my only fear with all this.

I'm so sorry you had to take it to this point to get help for your difficult child. It breaks my heart. :sad:

steph
 

Hound dog

Nana's are Beautiful
I will keep body parts crossed and say prayers all goes well for you on Monday.

I know I would be awfully hesitant to enter the court without some sort of representation.

(((((hugs)))))
 

Liahona

Active Member
Please somehow get representation. You could ask for a continuance. They might be trying to rush into court so that you don't have time to look into your options. I like the idea of going early and asking for a public defender. Also, in some states there is legal help for poor people. One of these options might be able to help you get a continuance. Do you have any family that would help you pay for it?

I'm praying for you and your family. I hate court.
 

kris

New Member
<span style='font-size: 14pt'> <span style='font-family: Georgia'> <span style="color: #663366"> my guess is this is a preliminary hearing. this is when you can ask for a public defender. the judge cannot proceed until you have the opportunity to obtain representation. it would be very unusual for the judge to make any decsions regarding your son at this point.

CPS will be given the opportunity to say why they are bringing charges & the judge will determine if they actually have a case....most likely he will by the way.

the courts rarely move quickly. cps is charging you criminally?? yup, they'll give you a chance to get a lawyer.

deep breaths.

kris
</span> </span> </span>
 

tessaturtle

New Member
First of all, keep your chin up :smile:
In my state, when parents are served with neglect/abus petitions, then the Court automatically assigns the "offending" parent an attorney (paid by the state), and assigns the child a GAL. At the preliminary hearing (which should be your Monday hearing) you will have the chance to meet your attorney and chat with them before Court. If you have paperwork (diagnosis, treatment, services, etc) then it would be helpful to bring these to your attorney. Be firm but cooperative, it goes a long way.

Did CPS (or DSS, or DCYF, whatever they are called in your state) work with you before bringing petitions? In our state, unless its an immediate danger, they work with families outside of Court whenever possible (called a "b" case) to help them access services to maintain the family unit.

Be strong!
 

DammitJanet

Well-Known Member
I think its the prelim too. Nothing about court works this fast. You will be able to ask for a court appointed lawyer at the prelim.
 

MeadowLark

New Member
sigh... no money... what is a parent report?
I'm in zombie mode with little sleep lastnight.
I really need a babysitter for Monday morning; pray/hope that something works out well for that. It does not bode well to bring them with me; the guy that dropped off the paperwork had a not nice look on his face when I said I most likely would have to.
I'm talking to a friend this am about doing an "answer" thingy. This stuff is way over my head. I will ask for a public defender. ( I think I will qualify." heck. We're on foodstamps and medicaid for all the kids.
MeadowLark.... weather report... tired and more tired.
 

MeadowLark

New Member
Never mind.. :smile: I found the parent report thingy.... sigh.. I feel too overwhelmed to even try to do that.
MeadowLark...humor is taking a vacation.
 

slsh

member since 1999
MeadowLark - sending you strength and many good thoughts. I sincerely hope you get a judge who will be able to see the whole picture.

A gentle hug for you.
 
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