QUESTION
Can my brother get a public defender for a child custody case?
Asked on Jan 07th, 2012 on Child Custody - California
More details to this question:
My brother is going through a child custody case with his ex-girlfriend for his 2 girls. He's a good father and loves them as well as they love him. However, my ex-sister-in-law's new boyfriend is very controlling. He hates my brother. He wants her to take the girls completely away from their father so that she does not have any kind of contact with him. My brother just wants equal custody so that he can be part of his daughters' life. This custody case is based on 95% lies. The boyfriend is using her to get to my brother. There are many people who are worried and concerned for her life as well as the life of the girls with this new guy. Can my brother get a public defender to help him with this case?
7 ANSWERS
A public defender can handle criminal matters and contempt matters in family law.
Answered on Jun 20th, 2013 at 1:13 AM
Public defenders are only for criminal cases, not civil cases. Child custody cases are civil cases. There is often a family law facilitator hired by the county that can help answer questions concerning family law cases, but they cannot provide you representation. Some areas you may be able to access a pro bono (free) attorney who donates their time for low income individuals. Generally, however, when it comes to family law individuals either have to represent themselves or hire an attorney.
Answered on Jan 23rd, 2012 at 11:31 AM
No. Public Defenders are for people who are indigent and who are facing criminal misdemeanor felony charges. There are no public defenders assigned in child custody cases. He will need to retain a child custody law firm to help him.
Answered on Jan 20th, 2012 at 9:11 AM
Family Law Attorney serving Petaluma, CA
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Law Office of Erin Farley
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Public defenders are for criminal matters. This is a civil matter, so there is no right to an attorney. If the new boyfriend is as scary as the people around believe, go to the county courthouses and see if he has a criminal history. Get the records. If so, the court will be concerned for the girls. As to your brother, the best thing he can do for his children is to retain an attorney. If he can't pay for representation, then he should at the very least, get a couple of hours of advice. Tell your brother to be open and honest with the mediator and the court, and to keep his focus on his children and what is best for his children. Having a loving father IS best for his two girls. He must remain calm and clearheaded. As to false allegations, just have him say they are not true. If the mediator or judge wants further information, they will seek it, and he can answer honestly.
Answered on Jan 19th, 2012 at 4:29 PM
Alimony Attorney serving Walnut Creek, CA
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Walnut Creek Family Law Center, Inc.
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No. Public Defenders are only in criminal and juvenile court cases; not family law cases. He might contact his local county bar association as they usually have a modest means panel.
Answered on Jan 19th, 2012 at 4:23 PM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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Public defenders are only available for criminal matters, so no, he cannot have a public defender. If he wants an attorney, he will need to pay for one himself, although if his ex makes more than he does, she may be ordered to contribute to his fees.
Answered on Jan 19th, 2012 at 4:23 PM
1 Award
In short, no. A public defender is solely for criminal defense. Your brother, however, should see a family law facilitator if one is available in his jurisdiction or seek an attorney who will be able to represent him. If the facts are as you say they are, there is a strong argument for your brother to get custody of the children - the law places the safety of the children above all else and if they are in any kind of danger the court would remove them from the ex's custody. But making and proving this argument will be tough; this is best done with competent legal assistance.
Answered on Jan 19th, 2012 at 4:22 PM