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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 111466
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I was a costudial guardian of my grandkids and when I went

Customer Question

Hi Pearl I was a costudial guardian of my grandkids and when I went to a juvenile court hearing they denied my involvedment
JA: Since laws vary from place to place, what state is this in?
Customer: wa state
JA: Has anything been filed or reported?
Customer: yea and then in the next couple hearing they admitted that I have costudy but now it was expired..they don't even tell me when is the hearing or send me letters whats going on with the case?
JA: Anything else you want the lawyer to know before I connect you?
Customer: are they violated my rights?
Submitted: 26 days ago.
Category: Family Law
Expert:  Phillips Esq. replied 26 days ago.

Hello: This is Phillipsesq. Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

Expert:  Phillips Esq. replied 26 days ago.

I am sorry to read about your difficulties.

Yes, they violated your rights.

If you are the legal guardian--"costudial guardian," you are supposed to be given notice of any hearing in the case. If they did not send notice to you, then your due process rights have been violated and any decision made by the Court without proper notice to you is not valid.

You can file Motion to Vacate the Order on the ground that you did not receive notice of the hearing as the legal guardian.

You can obtain blank Motion forms at the Courthouse in the Clerk's office.

Goodluck with your case.

Kindly take a minute and use the popup screen to give a 5-star rating to my response so that I can receive proper credit for addressing your concerns. There is no additional cost to you for giving a 5-star rating.

Thank you for your cooperation.

Customer: replied 26 days ago.
I file adoption for my grandkids and the attorney work in the other law firm and dropped/or stop the process but didn't tell me.But I have guardianship and 3mos before it expired I renewed it Is that still good even they have physical costudy of my grandkids?
Expert:  Phillips Esq. replied 26 days ago.

Thank you for the additional information.

Yes, it is still good.

Customer: replied 26 days ago.
what can I do for violating my rights?they took my grandkids due to an alledge abused,but when they took it to the sane exams the results was no sign of abused and the police report was unfounded and they closed the investigation,but they still don't give my kids,they still saying I don't have the rights.because they said my costudy was expired
Expert:  Phillips Esq. replied 26 days ago.

You need to file Motion with the Court and Request for Return of the kids to you. You can obtain blank Motion form at the Courthouse in the Clerk's office.

Customer: replied 26 days ago.
do I have the right to have an appointed attorney?can I file a lawsuit against them?
Expert:  Law Educator, Esq. replied 25 days ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I am a DIFFERENT CONTRIBUTOR as your previous contributor had to leave.
You are not entitled to appointment of an attorney in this type of case I am afraid. If they did not provide you proper notice then you could sue the state for denial of your constitutional right to due process and for not providing proper notice. You would also file a motion to vacate the court's decision on the case based on the lack of notice to you as you did not have the chance to show up and defend your position on behalf of the children.
You need to get your own local attorney to represent you in this matter if you want legal representation.
Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page , as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.
Customer: replied 25 days ago.
are you or do you have an attorney licensed in Snohomish county WA? My attorney is telling me my guardianship will not be honored in WA because there just signed by me and the parents witnessed and notarized, but she says WA wont honor it unless its signed by a judge. The Snohomish county DA told me they honored my guardianship but it expired.... My new one started 3 months before it expired though. So my big question is how do I find or where can I get an attorney to take this case and get my children and sue WA??
Expert:  Law Educator, Esq. replied 25 days ago.
Thank you for your additional information.
You did not say it was an unofficial and not court ordered guardianship. If you did not have court ordered guardianship then they do not have to actually honor it, it is up to the court. However, if you did have an unexpired guardianship, then that guardianship needs to be honored. We are forbidden from taking any customers of this site for representation by state law so you can get a new attorney to step into this matter if you want to change attorneys by going to the same sites used by other attorneys, http://www.hg.org or http://www.lexmundi.com
Customer: replied 25 days ago.
taking my children I have had for 7 years to WA for vacation they can take them and say I don't have a legal right to them?? And is there a way to get the case put back to the original judge and DA?? At the first hearing the DA and judge said it seemed as though it was all "bs" for lack of better words and then they were removed from case. Sense this happened even the assistant attorney general said that its not right what there doing but she couldn't help as it would cost her her job.
Expert:  Law Educator, Esq. replied 25 days ago.
Thank you for your reply.
It is not right and you have to fight this in court. All I said is that the US Supreme Court has made it very difficult for you to fight as a grandparent who does not have court ordered custody. You have grounds to fight as being custodian for 7 years and can argue you were even a de facto parent based on the other parent's lack of involvement with the children, but it is going to be a tough fight in WA based on the Troxel case, so you will need a local attorney to represent you in this battle.
Customer: replied 25 days ago.
Every local attorney I have contacted refers me to another or says they cant help cause its a complicated case but they all say I have a case and its not right. I have been searching and calling attorneys for months the one I found to take the case now goes to lunch with the CPS lady and is doing nothing for me. Any advise ??
Customer: replied 25 days ago.
Question from before that was skipped is there a way to get the original judge back or attorney general??
Expert:  Law Educator, Esq. replied 25 days ago.
Thank you for your reply
Sorry, missed that. I am afraid that you cannot get the original judge or attorney general back, the cases are assigned by the court to the judges to prevent judge shopping, so you have to fight it out with this judge.

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