Legal Question in Family Law in Washington

child dependency case

findind of dependency appealed because they denied parents counsel at fact finding , they remanded it back to trial court what happens now? do they start all over? or just file new dependency petition and bring new evidence in?


Asked on 8/16/07, 1:53 am

1 Answer from Attorneys

Elizabeth Powell ELizabeth Powell PS Inc

Re: child dependency case

Parents who are facing the loss of their children have an absolute right to counsel at every stage of the proceeding.

If you don't have a lawyer yet, you need one right now. It isn't going to cost you, so there is no downside - just go get one.

The appeals court told your trial court that in order to find the children dependent, the parents had to have counsel.

Depending on what else the appeals court told the trial court, the prosecutor probably has to stick with the same petition. But I can't tell, I am not looking at the decision.

No matter what, as respondents you are entitled to make your best argument that the state is wrong and the children will do best with you.

Presuming that's true, of course.

Dependency is third-party custody for poor people. If you had money, there would be a private action, not the state taking the kids.

Its a racket. There is a lawyer in Olympia named Gary Preble who specializes in defending dependencies - you might want to contact him.

You can find any attorney in WA at wsba.org or at a v v o.com.

Hope this helps. Elizabeth Powell

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Answered on 8/16/07, 9:38 am


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