In criminal law proceedings, every American citizen is entitled to have a defense lawyer provided to them if they cannot afford one on their own.
Unfortunately, this is not usually the case with respect to family law attorneys when dealing with a family legal concern.
Texas citizens are required to provide their own family law services in most cases; however, there are two instances when a family law attorney will be provided by the state to represent someone who cannot afford their own, as these cases typically require the help of a knowledgeable family lawyer.
Termination of Parental Rights
When the state files a parental rights case against a parent including an alleged father, those parents are entitled to have a family law attorney provided for them if they want one, have a very low income, and cannot afford to pay for one.
This lawyer will defend the parent(s) in this type of proceeding.
A lawyer is not provided and must be provided by the parents in a private or voluntary termination of parental rights.
Civil Contempt During Enforcement Cases
When a parent is charged with civil contempt during enforcement proceedings due to their unwillingness to provide visitation or pay child support and they could go to jail if found guilty, they are also entitled to have family law services provided to them if they are indigent and cannot afford it.
This legal appointee would be available to the parent for the civil contempt part of the case only and not for the enforcement part of the proceeding.
Family Court Decides If Legal Representation Is Needed
The decision to appoint an attorney is up to the court and will first require an investigation to determine the actual need.
For this reason, it is critical that parents facing these circumstances act immediately to notify the court that they would like the representation of a state-appointed family law attorney.
The request can be made in Texas using an Affidavit of Indigence and Request for Court-Appointed Attorney form.
Know When A Family Law Attorney Can Be Provided
Because a low-income parent facing either of these issues could lose their parental rights or be given jail time without appropriate representation by a family law attorney, it is essential that those entitled to this assistance speak up and ask for it.
Anyone who finds themselves in one of these situations must request a court-appointed family law attorney as soon as possible by filing that request when contesting the termination notice or charges of contempt.