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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27009
Experience:  General practice of law with emphasis in family law.
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If I move back to a state where there was an open cps case

Customer Question

If I move back to a state where there was an open cps case for my nieces and nephews due to my sister having a drug problem and I have received a temporary guardianship in California 3 years ago am I going to have an issue if I move to Washington?
Submitted: 1 year ago.
Category: Family Law
Expert:  Samuel II replied 1 year ago.
HelloThis is Samuel and I will discuss this and provide you information in this regard. I am unclear. You want to move to Washington state with the children you have a guardianship over?
Customer: replied 1 year ago.
Correct I thought I made that clear. I currently live in California with the children and I am wanting to move back to Washington. The open cps case was for my sister and I have temporary guardianship in California. The guardianship would not carry over to Washington. I am concerned that if there was an open cps case in Washington that there may be an issue in regards ***** ***** children can you help me answer these questions?
Expert:  Samuel II replied 1 year ago.
I am not sure. Why do feel the guardianship will not be effective in Washington? The order is good in any state, all you should do is register it with the court in the county you will be living in.
Customer: replied 1 year ago.
Because it is just temporary and non-transferable to any other state. If I have power of attorney would there be an issue with CPS in Washington? Do they keep cases open for years?
Expert:  Samuel II replied 1 year ago.
I see. Yes, you are correct. My research shows that you would need to Petition the CA court that issued the Guardianship to move out of state with the minors entrusted to your care.Here is a LINK to that form
Expert:  Samuel II replied 1 year ago.
Yes, I suggest if you go back to Washington, the matter could still be open and if you are located there, they could try to take the children from you.
Customer: replied 1 year ago.
How would I find out if there was an open case or if that would be a possibility?
Expert:  Samuel II replied 1 year ago.
The only way would be directly from CPS. There is no public records in this regard, because they are minors.
Customer: replied 1 year ago.
Well I appreciate your help I don't feel have gotten any answers from what I already know
Expert:  Samuel II replied 1 year ago.
Ok. That's fine. Good luck. There is no need to rate, and your deposit will remain in tact. I will opt out and maybe another professional can give you what you need. Good luck.

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