Summary
In san bernardino county, parents can file an extraordinary writ within 60 days of receiving a .26 hearing decision. It is recommended to consult with a lawyer for guidance on the complex process. A notice of intent to file writ petition must be filed first. Strong evidence is crucial to support allegations against cfs.Full Conversation
My rights were terminated they said it’s too late to file for an appeal. What do I do?
What type of rights were terminated? This will help me provide you with the most accurate information.
Parents
What was the reason given for the termination of your parental rights? In Michigan, appeals must be filed within 21 days of the order.
I didn’t go to court
What was the reason for your absence in court? In Michigan, failure to appear can result in default judgement, which may be appealed under certain circumstances.
I couldn’t make it but I reached out to my lawyer a few days before hand and the day of and she didn’t legally represent me
Did your lawyer provide a reason for not representing you in court? In Michigan, lawyers have a duty to represent their clients diligently.
nope
Did you receive any written communication from the court about the termination of your parental rights?
a week later
Did you respond to the court's written communication about the termination of your parental rights?
In Michigan, you may have the right to appeal if you can prove ineffective assistance of counsel.
yes I filed for the court appointed, attorney appeal
What was the court's response to your appeal for a court-appointed attorney? In Michigan, you have the right to a court-appointed attorney if you can't afford one.
I was not indigent
What is your current financial situation? In Michigan, indigency is determined by the court based on your income, assets, and expenses.
i don’t work my husband does
Do you have any income or assets in your name? In Michigan, the court considers both spouses' income and assets when determining indigency.
nope
What was the date of the court order terminating your parental rights?
july 11th *
What was the date when you filed for the court-appointed attorney appeal?
*/*/*
Based on the information provided, it seems you filed your appeal after the *-day limit. Did you provide a reason for the delay in your appeal?
i didn’t understand who I would right for a delay of a appeal court of appeal or the original court
To request a delay or extension for an appeal, you would typically write to the appellate court. However, it's crucial to consult with a legal professional to ensure proper procedures are followed.
could i still write a letter for a delay of a appeal
Yes, you can still write a letter requesting a delay of an appeal. However, it's important to consult with a legal professional to ensure you follow the correct procedures.