Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law

I am trying to get my granddaughters out of state .I am from

Customer Question
Washington and case is with...
I am trying to get my granddaughters out of state .I am from Washington and case is with Cps .I got court on Monday.
JA: Since laws vary from place to place, what state is this in?
Customer: California
JA: Have you talked to a lawyer yet?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: Yes.I want the chn to be allowed to go to Washington where I live at
Submitted: 3 months ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 1 minute by:
8/4/2017
Family Lawyer: Ely, Counselor at Law replied 3 months ago
Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102,687
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Verified

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.

I am very sorry to hear about this situation. Please clarify:

1) WHO IS THE LEGAL CUSTODIAN for the children? You or someone else?

2) How is CPS involved - why are they investigating?

3) Has anything been filed with the Court about this?

Ask Your Own Family Law Question
Customer reply replied 3 months ago
I am grandma and legal custody of kids
Customer reply replied 3 months ago
My daughter left kids unattended and supposedly on drugs.
Customer reply replied 3 months ago
Cps gave me the kids and I did what was required like RFA and CPR
Family Lawyer: Ely, Counselor at Law replied 3 months ago

Thank you. Unless there is a case in court for custody by CPS against you/your daughter, there is technically nothing holding someone in your situation from simply leaving to another jurisdiction. Period.

However note that:

1) Doing so may have CPS try to file in court, forcing their hand. They would still continue to have jurisdiction for this for 6 months after you leave; or

2) They can transfer the case to wherever you relocate to, if they know where you relocated to.

"I STRIVE FOR FIVE!" My goal is to answer your question to your satisfaction. Please rate with five stars (★★★★★) and click SEND. You may need to scroll left/right/up/down to see these stars. Rating my answer the bottom two stars or failing to submit the rating reflects poorly on me, even if my answer is correct. It does not cost anything extra to rate. If you are not satisfied for whatever reason, or, have follow up questions, please simply reply with SEND before or after rating and let's continue to chat until you are satisfied. This is what I am here for.

Ask Your Own Family Law Question
Customer reply replied 3 months ago
I live with family here but my permanent residence is in Washington state.I have to go back.Cps got all the info about where I li
Customer reply replied 3 months ago
I want court to hear me and get me going before school starts
Family Lawyer: Ely, Counselor at Law replied 3 months ago

You cannot force CPS to file in Court. And you cannot file in Court yourself over CPS's allegations. So it would be up to them should they decide to, as to WHEN to do so.

Please note: If I tell you simply what you wish to hear, this would be unfair to you. I need to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved rudeness or wrong information. Please be kind!

Kind Reminder: Please, use SEND button to keep chatting, or please rate positively and click SEND to submit your rating once satisfied. You may always ask follow ups at no charge before or after rating. "I STRIVE FOR FIVE!"

Ask Your Own Family Law Question
Customer reply replied 3 months ago
But today I was told that I will have 3 two hr interviews with my worker .starting next week
Customer reply replied 3 months ago
Do i need a legal lawyer to deal with this case
Customer reply replied 3 months ago
I am told I will have to stay in California for another 6 months
Family Lawyer: Ely, Counselor at Law replied 3 months ago

There is no right to speak to the child or you unless you agree to it. You can also make certain objections, which can include stopping the interview at any times, CPS not asking questions of the child at all, or you sitting on when they ask questions, and/or objecting to any questions and instructing your child not to answer, or simply terminating the interview right now. It is completely up to you.

Understand that CPS have no "power" per se. They cannot force an interview, and they certainly cannot simply take your child away from you without a a court order. However, they have a mandate from the state to stand in front of the Court for any child that they feel is being abused/neglected.

This means that if they feel that the child is neglected/in danger, CPS may decide to take the matter to court and ask to have the court agree that your parental rights should be suspended (or even terminated in serious scenarios) until you show to the court that you are an able parent.

Now, while CPS has the "ear of the court," this does not mean that the court always agrees with CPS and if you challenge their claim, it may be denied. But this is a risk.

If CPS sees an issue, they will normally request that you do some parental classes and/or actions (such as take the children to the doctor), and if not, then they can approach the court and the court may agree that if you do not, you'd risk your parental rights being suspended.

If you feel that the requirement by CPS is unreasonable, then you can refuse. If they then go to Court (as explained above), then you'd have to show that your decision is in line with "best interests of the child."

DHS often uses misleading, cajoling, and threatening tactics, so be careful. An attorney is recommended if one decides to meet with them, because the attorney can quickly cut their attempts to intimidate the custodian down.

If you can afford an attorney, I would indeed recommend one, yes.

Kind Reminder: Please, use SEND button to keep chatting, or please rate positively and click SEND to submit your rating once satisfied. You may always ask follow ups at no charge before or after rating. "I STRIVE FOR FIVE!"

Ask Your Own Family Law Question
Customer reply replied 3 months ago
Which I will lose my place of stay in Washington. And I can't afford an apt here.my car is in Washington and I have to pay people here for transport
Family Lawyer: Ely, Counselor at Law replied 3 months ago

Unless there is a court order that states you cannot relocate, then someone in your position can. CPS cannot tell you not to move. They are not the Court.

Kind Reminder: Please, use SEND button to keep chatting, or please rate positively and click SEND to submit your rating once satisfied. You may always ask follow ups at no charge before or after rating. "I STRIVE FOR FIVE!"

Ask Your Own Family Law Question
Customer reply replied 3 months ago
Is there any legal lawyers that I can hire if you know of.or should u just let Cps t
Customer reply replied 3 months ago
Cps to take kids to foster care
Family Lawyer: Ely, Counselor at Law replied 3 months ago

If you wish to fight CPS, I would retain counsel if possible. May I recommend the www.martindale.com? The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP.

Kind Reminder: Please, use SEND button to keep chatting, or please rate positively and click SEND to submit your rating once satisfied. You may always ask follow ups at no charge before or after rating. "I STRIVE FOR FIVE!"

Ask Your Own Family Law Question
Customer reply replied 3 months ago
I will definetly wait court hearing on Monday but it seems they all work with each other.my daughter did what she could to comply but she couldn't do anymore. So worker says because of moms visit I can't take then away. Mom is ready to tell court
Customer reply replied 3 months ago
That I can take kids with me.again Cps comes up with something new
Family Lawyer: Ely, Counselor at Law replied 3 months ago

Sorry, I am not sure what you are asking in your follow up...?

Ask Your Own Family Law Question
Customer reply replied 3 months ago
I know its too expensive to hire an lawyer but would you be able to tell me if this case I should get one
Family Lawyer: Ely, Counselor at Law replied 3 months ago

Yes, you should get one. Your chances of prevailing over CPS without an attorney are slim.

Kind Reminder: Please, use SEND button to keep chatting, or please rate positively and click SEND to submit your rating once satisfied. You may always ask follow ups at no charge before or after rating. "I STRIVE FOR FIVE!"

Ask Your Own Family Law Question
Customer reply replied 3 months ago
I don't want kids to go to foster care.but what choice do I have even after complying with Cps and that for the welfare of the kids .they I believe should consider the move.
Family Lawyer: Ely, Counselor at Law replied 3 months ago

Sorry, I am not sure what you are asking in your follow up...?

Ask Your Own Family Law Question
Ask Ely Your Own Question
Ely
Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102,687
102,687 Satisfied Customers
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

Ely is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

102,687 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

P. Simmons

P. Simmons

Lawyer

3,360 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,346 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

2,754 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
The school called dhs on us about a rope burn from playing a
The school called dhs on us about a rope burn from playing a game acting like dogs and a burn on a had from pellet stove … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
55,411 satisfied customers
I have a juvenile hearing with DHS tomorrow and was
Hi, I have a juvenile hearing with DHS tomorrow and was wondering what this hearing will include … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Can only an attorney request dhs records... Is it necessary
Can only an attorney request dhs records... Is it necessary to provide documentation regarding removal of 2 of a mother's other children or wouldn't that be the cps or dhs own records.. I'm trying to … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
My daughter recently had her parental rights for her
My daughter recently had her parental rights for her daughter terminated, and KY SUPREME COURT denied looking into case. Some important information was lost and not all the fact were presented. Key pr… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,480 satisfied customers
I have 8 children 6 0f them are in DHS custody,i only had 6
I have 8 children 6 0f them are in DHS custody,i only had 6 on my EBT snaps well they never said enything about the other and nether did I.They took them last year August 02/17 because I had drugs in … read more
LegalGems
LegalGems
Juris Doctorate
10,163 satisfied customers
The day my grandma died DHS called to meet with me for abuse
The day my grandma died DHS called to meet with me for abuse against her. My mom had financial POA so she is getting investigated for that because my aunts think money is missing. All the money is acc… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I'm not sure what my rights are. DHS is trying to send my
Hi, I'm not sure what my rights are. DHS is trying to send my daughter into foster care while I'm waiting for a hearing on a false criminal charge … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Oklahoma. We'd night DHs put a friend of mines newborn baby
Oklahoma. We'd night DHs put a friend of mines newborn baby in my care. If she signs over custody to me, how hard is that and will that then close the DHS case because he will no longer be in her cust… read more
Maverick
Maverick
Doctoral Degree
6,133 satisfied customers
I'm just researching dhs and patch drug tests, Iowa, A few
I don't know what to do I played their rules and was tricked into agreeing to temporary guardianship it's 4 months then the say 3 weeks after removing patch it's .4 100thds positive for amphetimine my legal aid stated she can't ever even reach dhs… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Is their a law that gives dhs the right to ask for a drug
is their a law that gives dhs the right to ask for a drug screen from a parent if no children are living with them at the time of the investigation … read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
My minor children are in dfcs custody. My parental rights
My minor children are in dfcs custody. My parental rights have been taken away.they love with their grandpa. I am divorcing their father. Do I need to include them in my divorce since custody won't be… read more
Ray
Ray
Lawyer
Doctoral Degree
30,190 satisfied customers
My baby's dad lost his parental rights to our oldest child
my baby's dad lost his parental rights to our oldest child but we have two children and he didn't lose the rights to the youngest. i am terminal with cancer and he is threatening to take the kids but … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I need help hopefully reinstating my parental rights in the
I need help hopefully reinstating my parental rights in the state of Idaho. I signed my rights away in 2009. Since that time my daughter's mother has lost custody of her to due to felony drug charges … read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
I'm a grandparent that was giving parental rights to my
I'm a grandparent that was giving parental rights to my grandchildren. Me and my wife are split up and I'm unable to provide everything that my grandchildren need. I'm I able to sign custody of my gra… read more
LegalGems
LegalGems
Juris Doctorate
10,163 satisfied customers
My daughter lost parental rights due to being a victim of
my daughter lost parental rights due to being a victim of domestic abuse and endangering the children. She went to court on the endangerment after losing her rights and they knocked it down to drunk i… read more
LawTalk
LawTalk
Attorney and Counselor at Law
Juris Doctor
9,025 satisfied customers
If my parental rights were terminated several years ago,
If my parental rights were terminated several years ago, would I still be able to get custody of a grandchild? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
My wife and I are living a nightmare with dhs and I can't
My wife and I are living a nightmare with dhs and I can't seem to get council. The police did a welfare check at my house one afternoon when my wife and I were gone (there was a 15 year old 12, 10 and… read more
Maverick
Maverick
Doctoral Degree
6,133 satisfied customers
After parents relinquish parental right can Ms Dhs still
after parents relinquish parental right can Ms Dhs still screen them for drugs rights were given to grandparents … read more
LegalGems
LegalGems
Juris Doctorate
10,163 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x