Legal Question in Family Law in Washington
What Should We Do?
My fiance would like to go for custody of his daughter. The mother has had CPS involed in her life on & off for the past 5 yrs. Every 3 months her water is turned off & this last time CPS got involved they had her go for UA's to look for meth & she missed every test. The only thing they did for that was take her tanf grant away. We have had his daughter 80 out of 102 days. His child support is outrageous
so we don't have the money for an attorney. CPS won't help because they see no immedate danger to the childs health, welfare, or life. We don't want his daughter to go back with the mother, but if she asks for her we have no choice according to CPS. What should we do?
1 Answer from Attorneys
Re: What Should We Do?
There are really two ways to go about this, in my opinion. First, if time isn't of the essence in terms of making sure the child doesn't go back to the mother AND you feel the child support being collected isn't appropriate, you may be able to seek a child support adjustment through DSHS. Contact them directly to determine if they will assist you with that. You may be able to get the child support decreased, which could save you enough to hire an attorney.
If you can't wait (e.g., don't want the child to go back to the mother at all), you've got to either find an attorney who will help you on a pro bono basis or do the work yourself. The steps would be: (1) File a petition to modify the parenting plan, (2) seek an ex parte restraining order to keep the child with your fiance until a hearing can be held to establish a temporary parenting plan and adequate cause for hearing the petition to modify the parenting plan, (3) file a motion for temporary orders (parenting plan and child support) and for a determination that there is adequate cause for a major modification of the parenting plan.
If you have further questions, you should call a family law attorney in your area.