Legal Question in Family Law in Washington

If you have gone to court and have to return again can you get a different judge?The judge last time said I don't want to hear it when our side started to talk.My daughter was adopting her neice and nephew when my daughter got into trouble.She dosen't have anything on her record and she is doing everything the state wants her to do.The boy got to come home but the girl didn't because the adoption wasn't final yet.Now C.P.S.is making up all kinds of things even about my oldest daughter to not have to place the child with any of us.They are very obvious that they want to adopt the child out.They even have her in foster care and the foster parents just so happen to want to adopt a little girl.They say the child belongs to them and in 2 months we have to go back to court.If we get the same judge our little girl is gone forever.What should we do.We are so frightened of this happening.We will never see her again.She is my grandchild and I am very close to her and her to me.This isn't right and we are running out of time.Thanks,D.B.


Asked on 4/23/10, 12:32 am

1 Answer from Attorneys

Amir John Showrai The Pacific Law Firm, PLLC

Dear D.B.,

Provided you are in position to take care of your grandkids, I would say that all other things being equal, the Courts will almost always place children with relatives rather than strangers. That said, I am sure there is a lot more detail to your case that I or any other attorney would need to go through to give you a more informed answer about how to proceed and what the odds of success are that you or another family member will prevail in obtaining custody of both kids, whether on a temporary or permanent basis.

You are going need to be prepared to come up with some funds to hire counsel, and if you are unable to afford that, then I suggest that you get on the internet and start searching out organizations that offer low cost or free attorneys. It may not be as good as hiring a private attorney, but having some counsel represent you is better than going in blind. Also, I want to emphasize, I don't think there is anything wrong with low cost or free attorneys. It is just that they are often over burdened with their work loads that as a consequence, it is often times harder for them to do as good a job for you, regardless of how smart, dedicated, or creative they are in pursuing your case.

Getting back to your case, the one thing I have learned is that in cases where there are family, in order for a court and CPS to both have highly negative opinions about placing a child with strangers instead of family, there has to be seriously negative information on record related to the family. Hopefully, it is misinformation, which is what the attorney you hire would want to clarify, and I think this is where anyone handling this matter would want to start�with an analysis of the reported information to date.

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Answered on 4/28/10, 9:18 am


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