Questions about TPR and appealing PLEASE ADVISE

[Chasia Henderson]

Two questions:

Can you file an appeal on a TPR based on ineffective counsel?

What if you are found in default of the court and get TPRed?

Also, can you get guardianship for any future children you may have before they are born, as a safeguard of some sorts against CPS?

I read that somewhere - that you can at least get some type of protection or limit CPS involvement with any future children of yours even if you are TPRed involuntarily?

I really need help with these questions.

[Chasia Henderson]

Someone must know...

[whosechildrenarethey]

I'm not an attorney but it was my understanding that an appeal based on ineffective assistance of counsel will only be considered if the issue was brought up as a matter of court record during the original hearings rather then being introduced as an issue for the first time on appeal.

While there are federal mandates governing CPS, each state has their own codes, statutes etc as well as the department operating under their individual policies and procedures. The circumstance you describe in relationship to a guardianship being set up prior to the actual birth of a child to preclude the department from taking custody isn't likely. First of all a guardianship of a child prior to it's birth can not be court sanctioned as far as I know. It may be an agreement between the parents and the selected guardians that has standing as long as it's not challenged.

[Chasia Henderson]

I will have to look up statutes for my state I guess but a lot of people are telling me I can appeal a TPR based on ineffective counsel. I have my attorney on record in some cases saying things that don't seem right. I did not request a new attorney because I don't have much faith in other Public Defenders and now my sig other has been appointed someone who we already know is not great and I think is even my attorney's friend which is a definite bad thing for us.

[LindaJM]

You must file your appeal request immediately. Do not wait.

[Chasia Henderson]

Can i file in more than one place tell several different organizations?

[LindaJM]

You need to file with the Court of Appeals. I hope you can get some help to do this.

[rthrw01]

I was force to relished my rights. I was able get this case reopen.

File a motion to vacate the case

file 388 petition

JV 180 file a form requested change a court hearing

[Melissa613]

Im still going to court for termination on parental rights my question is do I have to wait until the court makes a decision in order to appeal my case and my other question is do I have to wait until the court makes a decision in order for me to submit my case to the supreme court please anybody that can help in regards of my questions thank you.