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Chad Baruch

Chad Baruch’s Answers

1 total

  • When do you file indigent papers to which? court before an appeal asking for court appointed attorney for parental rights lost

    I have filed the motion to appeal in district court and do I file papers confirming my indigency with this court asking for a court appointed attorney or do I file this paperwork to the court of appeals asking for one. I have had my parental righ...

    Chad’s Answer

    Initially, your entitlement to a court-appointed lawyer will depend on who filed the lawsuit for termination. If the State filed the case, then there is a statutory entitlement to counsel for a person who properly established indigency. But there is no such entitlement where a private party filed the lawsuit. As to establishing indigency, the procedures are contained in Section 263.405 of the Texas Family Code. As a general rule, you file your affidavit of indigency in the trial court. Appeals of termination orders are accelerated, so there are accelerated time limits for filing notice of appeal and an affidavit of indigency. Again, though, both instruments are filed in the trial court. As a general rule, a statement of points is due 15 days after the judge signs the final order, and the notice of appeal and affidavit of indigency are due within 20 days.

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