Family Law Prof Blog

Editor: Margaret Ryznar
Indiana University
Robert H. McKinney School of Law

Friday, December 16, 2011

Indigent Parents & the Right to Counsel

From ABA Now:

CHICAGO, Dec. 13, 2011 – Indigent parent-defendants in abuse or neglect proceedings in which the state is seeking custody of their minor children should have the right to state-provided counsel, according to an American Bar Association amicus brief filed with the New Hampshire Supreme Court in In re Christian M. and Alexander M.

Responding to the New Hampshire Court’s request for briefs on the ramifications of a decision in these cases, the ABA states that its long history of examining this issue has led it to conclude that the risk of error when indigent parent-defendants are not represented in such matters is so great that fair and equal access to justice requires the appointment of counsel.

Read more here.


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I agree with the ABA, but providing these parents with state-provided counsel would be too costly for the states.

Posted by: Tulsa Divorce Attorney | Dec 20, 2011 1:50:00 PM

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