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

Customer Question
I am trying to...

I am trying to get my granddaughters out of state .I am from Washington and case is with Cps .I got court on Monday.

Lawyer's Assistant: Since laws vary from place to place, what state is this in?

California

Lawyer's Assistant: Have you talked to a lawyer yet?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes.I want the chn to be allowed to go to Washington where I live at

Submitted: 6 months ago.Category: Family Law
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8/4/2017
Family Lawyer: Ely, Counselor at Law replied 6 months ago
Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 103,214
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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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?

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Customer reply replied 6 months ago
I am grandma and legal custody of kids
Customer reply replied 6 months ago
My daughter left kids unattended and supposedly on drugs.
Customer reply replied 6 months ago
Cps gave me the kids and I did what was required like RFA and CPR
Family Lawyer: Ely, Counselor at Law replied 6 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.

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Customer reply replied 6 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 6 months ago
I want court to hear me and get me going before school starts
Family Lawyer: Ely, Counselor at Law replied 6 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!"

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

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Customer reply replied 6 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 6 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!"

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Customer reply replied 6 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 6 months ago
Cps to take kids to foster care
Family Lawyer: Ely, Counselor at Law replied 6 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!"

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Customer reply replied 6 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 6 months ago
That I can take kids with me.again Cps comes up with something new
Family Lawyer: Ely, Counselor at Law replied 6 months ago

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

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Customer reply replied 6 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 6 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 6 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 6 months ago

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

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