Legal Question in Family Law in Washington
Appeals
today i went to court regarding parenting plan and since i haven't seen my daughter in 3 years due to the mother of her hiding from me. the judge said that she wants me to pay a $750 retaining fee for a parenting investigator and until i pay the $750 the will not appoint me a parenting investigator. i'm the one who filed the petition to take her to court and the judge also recommended that i can after the investigator thing happens then i can have supervised visits with my daughter at a professional place at my cost my question to you is there any way to appeal that decision and if so how long do i have to wait because she is telling me that i have to pay $750 before i can even visit my daughter and says that she was giving me supervised visits because i haven't been in my daughters life for 2 years because the mother has been running but the judge didn't take that into consideration.i want to appeal it aor even have the $750 waived i currently do not have a job and can't afford to pay that fee and she also states that i have 15 days to pay it i want to take this matter before another judge can i and help and do you know any lawyers like pro bono because i don't have any income but i'm desperately trying to see my daughter thanks.
1 Answer from Attorneys
Re: Appeals
The commissioner's decision is within her discretion and thus probably not appealable. You can ask the trial court (judge) to revise the commissioner's decision, but judges are loathe to overturn commissioners if the decision was within the commissioner's discretion (which it probably was).
If you did take it up to the Court of Appeals, expect it to take another 6-9 months maybe a year to get a decision.
It may seem incredibly unfair, but for whatever reason you are a stranger to a very young child. Thus it is probably appropriate to have a supervisor at this point, and throwing a fit over this result is not going to endear you to the judge or the commissioner.
This is your child. If seeing her is important, then sell something or borrow the money to pay the retainer. This isn't criminal law where you get an attorney by operation of law.
In Pierce County, you can call the Tacoma Pierce County Bar Association to get informaiton about volunteer legal services and the clinics they run for family law litigants.
If you are desperate to see your daughter, then be calm and mature and do what the Court wants. Just because that is the fastest way to get what you want.
Hope this helps, and I apologize if it sounds harsh.
Elizabeth Powell
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