Legal Question in Family Law in Washington

CPS , childs rights

I am a grandmother raising my 4.5 yr old. The CPS worker wants to talk with her alone. Now, I have no concerns on what my grandaughter will say, my concerns are with the worker and what her motives are. She is new. We have had no problems with the last one. Is this legal with out an attorney or representative to make sure her rights are not violated (grandaughter)?????????


Asked on 9/24/07, 10:59 am

1 Answer from Attorneys

Elizabeth Powell ELizabeth Powell PS Inc

Re: CPS , childs rights

I would be concerned about the caseworker's motives, too. Sounds wierd - little kids can be influenced by the person they are talking to.

You don't say where you are, but there is an attorney in Olympia named Gary Preble. His practice is focused on parents dealing with CPS. He could give you some very valuable advice.

The trap you are caught in is this: when people can afford private counsel, they do a third party custody action to resolve the issue of dealing with a parent who is not capable of raising their own child, for whatever reason.

When people don't have any money, the state steps in and does a dependency action. This means custody is actually with the State. This gives the State the duty to ensure the child is okay, and as you are well aware, the State screws up - frequently.

They are trying to do their job. They may be well intentioned, or they may be setting you up to take the child, I don't know.

But I would be highly suspicious of someone who wants to interview a 4.5 year old alone, too.

My best advice is to contact Mr. Preble or your county Bar association and see if they can help you find an attorney who can do a third party custody action for you and get the State OUT of your life. You can find lawyer's contact information at wsba.org or avvo.com ( a v v o).

This is very much a two tier system, depending on whether you have an attorney or not.

Elizabeth Powell

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Answered on 9/24/07, 12:10 pm


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