Does your current spouses income get included for a court appointed attorney if the custody is not his child?
Syracuse, NY
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Posted 21 days ago in Child Custody
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If I am remarried, are they taking into account his income even though he has his own children with me or does it go by the biological parents income (mine and my ex's)
Answers (1)Alan James Brinkmeier
This attorney is licensed in Illinois.
Posted 1 day ago.
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A criminal defendant's right to an attorney is found in the Sixth Amendment to the U.S. Constitution, which requires the "assistance of counsel" for the accused "in all criminal prosecutions." This means that a criminal defendant has a constitutional right to be represented by a lawyer during trial not a custody attorney.
Gideon v. Wainwright, 372 U.S. 335 (1963), is the decision of our United States Supreme Court in which the Court unanimously ruled that state courts are required under the Sixth Amendment of the Constitution to provide counsel in criminal cases for defendants unable to afford their own attorneys. See my Legal Guide "Constitutional Law: Sixth Amendment Protections" Good luck to you. God bless. NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an attorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.
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