Gwynn Oak, MD asked in Family Law, Adoption, Child Custody and Legal Malpractice for Pennsylvania

Q: Missed TPR hearing. :*( CYS mailed lawyer only; didn’t tell me. I reqd he appeal TPR [30d,in PA]; didn’t. Any Recourse?

CYS only involved in my son’s life because of his Mother...however now I too am in a difficult situation w/ CYS. I have NO criminal record, nice apt, steady job & could have taken my son but they put him in foster care and my visits be supervised. It is/was really tough. I have a terrible time w/ CYS to invest in reunification (& no case on me), return phone calls, and keep me up to date. When I found out about the TPR petition I was crushed. While I appreciate an attorney being assigned to me (IFP)...I cannot believe my son might be gone. Bc? 1) CYS didn’t send me req’d certified mail. 2) 9 days post-hearing (he skipped) my JD wrote me. 2 (of 4)sentences “You parental rights are terminated. Your son will be adopted.” Bc I didn’t even know a hearing took place, I collapsed the judge removed my rights. & no appeal :( Why? Even the US Constitution recognizes the Parent-Child bond special. Maybe the lawyer was ineffective, but rather than complain to the PA bar, address TPR or the appeal?

1 Lawyer Answer

A: You have a limited time within which to file and appeal. I strongly urge you to consult with an attorney experienced in appellate work, particularly dependency cases if possible, as well as to find a way to pay for the attorney. Don't miss the appeal deadline - you've already got enough procedural issues in your case.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.