free CPS lawyer

Can I Get A Free Attorney for My CPS Case?


A person can have a case with Child Protective Services for a number of reasons. But whatever the reason, these cases can result in you losing custody over your child. If you happen to find yourself in a situation where you have a CPS case and firmly believe that whatever allegations made were false, make sure you have a good defense. The best way you can do this is with a lawyer, as they are knowledgeable about these kinds of things. What if you can’t afford it, though?

Qualifications for a Free Attorney

Hiring a lawyer can be quite costly. So, for people that believe that they cannot afford one for a CPS case, not all hope is lost. One can still try to request for a lawyer for free. Of course, before you are given a lawyer, CPS must have at least filed a lawsuit against you. And you must have also responded to this lawsuit, showing that you are willing to go to court to contest the lawsuit. This should go without saying though as this is why you’re looking for a lawyer in the first place.

In states like Texas, you can get a lawyer to defend you for free. You must be an indigent person. While indigency isn’t clearly defined in Texas, you can fill out a form that most courts provide. You will be asked to show how much you make in a month as well as your necessary expenses. If you qualify, then you will be given a lawyer for free.

Getting That Lawyer

After finding out that you’re qualified to get a lawyer for free, the next thing you should do is make sure that you get one as soon as possible. While most courts will award you with a lawyer right away, other courts might wait until the court hearings have started. If a lawyer isn’t assigned to you yet, you can always follow up and request for your lawyer as this is something that you are entitled to you in these cases. You can then begin to work on your defense when you are assigned your lawyer and you begin to meet.

Being indigent shouldn’t put you at a disadvantage if you’re facing a Child Protective Services case. These cases are very serious, and can even result in you losing custody over your child. You’ll need every possible resource you can get to defend your case. Luckily, you are still entitled to a lawyer even if you cannot afford one. If you do find yourself in this situation, just know that you are not at a disadvantage because you cannot afford the service. 

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Mr. Hutton is a Divorce and Custody Lawyer based out of Round Rock, TX. His background is with child psychology at Arizona State University where he received a B.S. in 2006, and he continued this by working with the Children’s Right’s Clinic at the University of Texas School of Law where he received his J.D. in 2009. Throughout his practice, he has been a strong proponent of utilizing modern technology to improve his practice and the representation of his clients. He currently is the technology chair of CAFA of Travis County and is committed to improving and modernizing the practice of law in Texas.

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