Legal Question in Family Law in Washington

Can Washington DSHS / CPS force myself and my girlfriend to split up?

The caseworker has written an addition to the ISSP that states she needs to sever ties with me completely, or not get her children returned to her. We are not married, have a daughter together, and there are NO disqualifiers in either of our past(s). Due to some documented statements, and a very good paper trail, we know the agency's desire is personally motivated, and has nothing to do with the case, or the welfare of the children.


Asked on 2/03/13, 4:22 pm

2 Answers from Attorneys

Gary Preble Preble Law Firm, P.S.

The issue is strategy. What you want is the kids and the relationship. Until you get the CPS sorted out it would probably be best to not be together. If your information on the social worker is as good as you feel it is, I would separate and focus on that angle.

It sounds like you need an aggressive attorney who will make the CPS follow the law. I don't know any attorneys in the Tri-Cities who fit that description, though there may be some.

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Answered on 2/04/13, 8:54 am
Amir John Showrai The Pacific Law Firm, PLLC

I agree with Gary. Assuming you have the documented "goods" on this being a personally motivated case, for now, split up, get the kids back, and then deal with CPS in court. It's never good to sacrifice the kids (meaning keep them in foster care) so you can stay together. The kids come first, no matter how that affects your relationship.

That said, I would only add that you and your girlfriend may ultimately need separate attorneys because your interests may some day pose a conflict for an attorney who represents you both. I suggest that your girlfriend get the first attorney, and if you have funds, for you to retain your own as well. Otherwise, if funds are limited, and the goal is to get and keep the kids home, with you later returning as well, then I'd suggest you devote funds to your girlfriend getting an attorney first.

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Answered on 2/04/13, 6:56 pm


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