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Replace Public Defender

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reedtwo_2

Junior Member
What is the name of your state? California

Hello, I'm not sure this is the right forum for this question, if it's not I'd appreciate a turn in the right direction.

I'm writing for a friend that is blind. I will give a quick summary of the case. His ex had custody of their 3 yr old son until about a year ago when CPS removed the child from her custody for child endangerment while under the influence of alcohol at a public swimming pool. She has been through 6 rehab programs since the child was born. The father was not notified at the time that his son had been removed and placed with her aunt/uncle. He found out when he received notification of the court date. He was then appointed a public defender. CPS is now attempting to take away the parental rights of both parents. The PD has not done anything for the father, not one thing! Except to tell him that he didn't even have a 1% chance of keeping his parental rights.

Our question is... what is the procedure and requirements to fire (for lack of a better term) the public defender? We have tried to do all possible to avoid this but feel this is the only chance there may be for him not to lose his son totally. We would greatly appreciate any and all suggestions, leads or information and help that we can get.

Thank you in advance and we look forward to your responses.

Michelle/Joe
 


I AM ALWAYS LIABLE

Senior Member
reedtwo_2 said:
What is the name of your state? California

Hello, I'm not sure this is the right forum for this question, if it's not I'd appreciate a turn in the right direction.

I'm writing for a friend that is blind. I will give a quick summary of the case. His ex had custody of their 3 yr old son until about a year ago when CPS removed the child from her custody for child endangerment while under the influence of alcohol at a public swimming pool. She has been through 6 rehab programs since the child was born. The father was not notified at the time that his son had been removed and placed with her aunt/uncle. He found out when he received notification of the court date. He was then appointed a public defender. CPS is now attempting to take away the parental rights of both parents. The PD has not done anything for the father, not one thing! Except to tell him that he didn't even have a 1% chance of keeping his parental rights.

Our question is... what is the procedure and requirements to fire (for lack of a better term) the public defender? We have tried to do all possible to avoid this but feel this is the only chance there may be for him not to lose his son totally. We would greatly appreciate any and all suggestions, leads or information and help that we can get.

Thank you in advance and we look forward to your responses.

Michelle/Joe

My response:

You have told us why CPS has taken the child away from the mother, but you haven't told us why CPS won't give the child to your friend. Care to elaborate?

IAAL
 

casa

Senior Member
reedtwo_2 said:
What is the name of your state? California

Hello, I'm not sure this is the right forum for this question, if it's not I'd appreciate a turn in the right direction.

I'm writing for a friend that is blind. I will give a quick summary of the case. His ex had custody of their 3 yr old son until about a year ago when CPS removed the child from her custody for child endangerment while under the influence of alcohol at a public swimming pool. She has been through 6 rehab programs since the child was born. The father was not notified at the time that his son had been removed and placed with her aunt/uncle. He found out when he received notification of the court date. He was then appointed a public defender. CPS is now attempting to take away the parental rights of both parents. The PD has not done anything for the father, not one thing! Except to tell him that he didn't even have a 1% chance of keeping his parental rights.

Our question is... what is the procedure and requirements to fire (for lack of a better term) the public defender? We have tried to do all possible to avoid this but feel this is the only chance there may be for him not to lose his son totally. We would greatly appreciate any and all suggestions, leads or information and help that we can get.

Thank you in advance and we look forward to your responses.

Michelle/Joe
Are they using your friend's blindness as an excuse not to give him custody? If not, what is the reason he's been given as to why he's being denied custody?

Is your friend self-sufficient & does he have a plan for support, transportation to school/care etc. for the child?
 

reedtwo_2

Junior Member
I apologize for the lack of information on my part.

It is all very confusing and from what I can gather...when the child was taken the mother said that the father was on drugs. This was a lie, he has never had a problem with drugs, he did have a problem with alcohol but hasn't drank for 15 yrs. The courts ordered him to take parenting classes, anger management classes and to be drug tested. He is in a very limited income and was unable to find financial assistance for these requirements. He went to CPS and was referred to places that did not have the resources he needed. He has tried everything we can think of to get help with paying for these but has not had any luck. That is the only reason they are saying he can't have custody.

He is self sufficient, lives alone, takes care of all his needs. There is a support team that we have gotten together for him. There is and will be somebody always available if and when needed. All bases have been covered in that regard.

It has not been said that he can not have custody because of his blindness, but I do believe that is their reason. There have been many things that I feel he has not been given with is blindness, but that is another issue.

If there's more info I'm not including please let me know. and thank you for your help.

Michellel/Joe
 

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