Is a plaintiff's attorney ineffective by failing to raise beneficial parental relationship issue as part of his request for a contested hearing?

California, United States of America


The following excerpt is from Kern Cnty. Dep't of Human Servs. v. Raymond F. (In re Carly F.), F062912, F063037 (Cal. App. 2012):

Alternatively, mother contends her attorney was ineffective by not raising a beneficial parental relationship issue ( 366.26, subd. (c)(1)(B)(i)) as part of his request for putting the matter over for a contested hearing. Again, we disagree. In order to prevail on a claim of ineffectiveness of counsel, an appellant must show that, first, counsel's representation fell below an objective standard of reasonableness under prevailing professional norms and, second, there is a reasonable probability that, but for counsel's unprofessional error, the result of the proceeding would have been different. (See e.g. People v. Diaz (1992) 3 Cal.4th 495, 557.) Mother can show neither on this record.

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