Legal Question in Family Law in Washington

Child Protective Services and my wife's attorney threatening her regarding custo

My wife and I separated in July of 2000. My daughter, who is Downs Syndrome, now 5, took it upon herself to stroll though the neighborhood recently. I thought she was watching videotapes in her room. I went looking for her found a deputy who said my daughter was at someone's home where she'd been for an hour. I went over there and met the CPS worker who'd arrived prior to the deputy finding me. The deputy left saying he was filing no report. The CPS worker said he was. I asked him to come to my home after he'd interviewed the family who had had my daughter. He came over asked a few questions and said I had an open CPS case and would be contacted in a few days. I was not contacted. A week later my wife called them and she was informed she had to get me on supervised visitation or lose the kids. Her Attorney called her and said the same thing. A restraining has been filed, with no basis. My question is: Is removal the only solution? Why can't CPS help me out in some way? I was not under the influence or asleep. I honestly thought she was in her room. CPS has no open case as they want her to do it. There is no modified parenting plan only a restraining order. Is the only viable solution to take my kids?


Asked on 1/05/02, 1:11 pm

1 Answer from Attorneys
Gary Preble Preble Law Firm, P.S.

Re: Child Protective Services and my wife's attorney threatening her regarding c

Welcome to reality.

1. You thought the CPS was the friend of children. Keep this in mind: the CPS loves only power. Read my letter to the editor at http://www.olywa.net/PrebleLaw/kennebec.htm#Letter

2. You thought the court system was fair. If you get the wrong judge/commissioner they won't think twice about keeping a father from his child.

Is removal the only solution? NO! You need to get an aggressive attorney who is not afraid of the CPS. CPS is coercing your wife and her attorney (or else your wife is using this for tactical reasons against you).

ALSO, CPS will most likely file a CAPTA finding against you under RCW 26.44.100 http://search.leg.wa.gov/wslrcw/RCW%20%2026%20%20TITLE/RCW%20%2026%20.%2044%20%20CHAPTER/RCW%20%2026%20.%2044%20.100.htm and RCW 26.44.125 http://search.leg.wa.gov/wslrcw/RCW%20%2026%20%20TITLE/RCW%20%2026%20.%2044%20%20CHAPTER/RCW%20%2026%20.%2044%20.125.htm. Make sure you write a response--within the time required--to any "Founded abuse" finding. Failure to file this response could have serious negative consequences.

Finally, since you are looking at 2 different hearings (domestic and a CAPTA hearing) and perhaps a third (a juvenile court dependency), you need to be ready for an expensive fight.

I wish you the best.

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Answered on 1/05/02, 6:31 pm


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