C.p.s. took my two week old son from the hospital when my girlfriend and I took him there for a check up because of girlfriends past .

Sorry to hear what you are going through, David. Dealing with CPS, ACS, DHS, any child services agencies is a nightmare especially when one parent has a history with them. Any future children she has will be subject to being taken at the discretion of the agencies unless she turns her case and life around. As far as you are concerned, are you listed on the child birth-certificate? If so you can get the child back from them as long as the child mother, does not have any contact with the child and or be around the child while they have an open case against her. You don't need to waste your time in thinking about constitutional rights, civil or etc. I understand your emotions, but you have to understand the situation with the child mother. Your best possible action, for now, would be to get an aggressive and competent lawyer like my firm that specializes in Child Custody and Agencies to represent and assist you.  Please keep in mind that not all lawyers are the same, therefore be very cautious as to which attorney or law firm you chose to work with. We are based in New York but my network of SMS ATTORNEYS does travel out of state for clients. If you would like to retain our services while on a limited budget, do let us know and we will try to do our best to offer payment plans option. Feel free to give us a call for a free consultation. Ahsan Syed answer and comments to questions are for general purposes only and do not constitute legal advice or establish an attorney-client relationship with SMS ATTORNEYS without a signed retainer. Thank You. Toll-Free 1-877-866-8665 // Child Custody Lawyer in WA.