Troy, OH asked in Family Law for Ohio

Q: What can happen if not provided counsel prior to court hearing resulting in loss of custody

State took child, this isn't a custody between parents. A cps case was opened. This was a legal rights hearing.

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2 Lawyer Answers
Matthew Williams
Matthew Williams
Answered
  • Cleveland, OH
  • Licensed in Ohio

A: It really depends upon what you mean. Can you afford your own attorney? Did you ask for an attorney? Did the court provide any reasons for denying you an attorney? You generally have a right to appointed counsel if you cannot afford a lawyer in an adversarial custody proceeding. If you cannot afford a lawyer, asked for one, and were denied one, you have a pretty good issue on which to base an appeal. Read this: https://www.supremecourt.ohio.gov/rod/docs/pdf/0/2020/2020-Ohio-6785.pdf

1 user found this answer helpful

Cathy Cook
Cathy Cook
Answered
  • Cincinnati, OH
  • Licensed in Ohio

A: If the state took your children, you are entitled to counsel. However if it was the other parent or another person who sought custody, you do not have a to be appointed counsel.

1 user found this answer helpful

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