Legal Question in Family Law in Washington

cps took daughter how do I get custody?

Me and my husband now live in fort huachuca, az due to being stationed here from fort lewis, wa. He has a daughter there who was born ''out of wedlock'' while he was in Iraq. When he got home he established paternity and has never been late in child support payments. When we left washington he never set up a parenting plan. We have his daughter occasionally when the mother allows but she can be very unpredictable of when she will request her back. The mother gives the appearance of being on drugs and stays with her boyfriend who caused my step-daughter to end up in foster care due to abuse, CPS took her from her school and put her in her mothers' sister's home. My husband wants to seek custody but we are out-of-state and we dont know where to start. CPs will not tell us anything more than to get a lawyer, which we cant afford(we have two other kids) Her mother and her boyfriend are suppose to take a class to gain custody again..how would we go about gaining custody of my step-daughter from being in Arizona-and do we have a valid case?


Asked on 11/20/08, 4:13 pm

1 Answer from Attorneys

Gary Preble Preble Law Firm, P.S.

Re: cps took daughter how do I get custody?

Contact me immediately.

The CPS should send the child to you; but since they like power and dislike relinquishing power, you will most likely need an experienced attorney to deal with them.

Meanwhile, though I am NOT an AZ lawyer, it appears AZ is a one-party consent state when it comes to tape-recording conversations. See, http://rcfp.org/taping/states/arizona.html and http://www.azleg.state.az.us/ars/13/03005.htm IF I AM CORRECT in that, you should tape record all conversations with CPS workers and GAL/CASA. Since you are one party to the conversation and you consent to the taping, you would not need their approval and would not need to notify them. IF YOU HAVE ANY QUESTIONS AFTER READING THE LAW FOR YOURSELF, you should contact an AZ attorney FOR ADVICE on AZ law.

Interstate tape-recording in not illegal, and the place of the recording (AZ in this case) is the law that applies.

Now, the reason I recommend recording IF IT IS LEGAL for you is that CPS workers do not always speak nicely, do not always remember what they have said, and they do not always tell the truth or the complete truth. They may also threaten you or mislead you as to the law or your rights or obligations.

But remember, the recording cuts both ways. Always be polite and even-tempered in your conversations with the CPS or GAL/CASA. Also, don't mention my name until you have spoken with me.

I had a dependency case where we submitted Alaska recordings of a WA resident and, even though such recordings would be illegal AND inadmissible if done in WA, they were accepted by the court here because they were legal in Alaska.

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Answered on 11/20/08, 6:02 pm


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