QUESTION

How do I regain custody of my child when the case in FL is closed and WA refuses to get involved?

Asked on Apr 12th, 2013 on Family Law - Washington
More details to this question:
My mother has permanent guardianship of my son, which was awarded in FL, case closed. All parties have lived in WA for almost a year. FL and WA both have jurisdiction and both states are saying they won't get involved. I hired a family law lawyer already and she determined that there are no orders of any kind in WA giving my mother any rights to my son. CPS has been involved and has reported issues with my mother and with my boyfriend. I'm trying to regain legal custody of my child since all of my requirements from FL were met a year ago. Both states are saying they can't help me. I have calls into legal help lines but it's friday and I need help quickly as my mother is planning to move back to FL in July. No one seems to be able to determine what has to happen. CPS is confused, my lawyer is confused and I'm confused any help would be greatly appreciated.
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1 ANSWER

Family Law Attorney serving Kennewick, WA at Ashby Law PLLC
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If the parties have lived in Washington for a year, Washington has jurisdiction.  If your attorney cannot help you, you may want to consult another attorney.  Make sure you consult with someone who has experience with family law matters.  I do not have enough information to give you specific advice and, in fact, most attorneys would want to review all the documents and discuss the facts of the case with you before giving advice.  In general, Washington will assume jurisdiction of children who have lived continuously in the state for at least six months.  That means that the courts here are empowered to make the types of decisions you are seeking after the children have been living in Washington for that amount of time.  I understand that CPS  might be hesitant to get involved with a valid Florida court order.  That just means that you need to have the Washington courts get involved and try to get a decision in Washington.  You do that by filing a petition in the superior court for the county where your monther and the children are now residing.  The type of petition really depends on the Florida orders. By the way, there seems to be some confusion.  Simply because there are no Washington court orders giving your mother rights to your son doesn't mean that your mother doesn't have rights to your son.  Under the US Constitution and the uniform interstate act, states honor the decisions made in sister-state courts.  In other words, the florida orders are enforceable here just as if they were issued in Washington. I hope this helps. 
Answered on Apr 13th, 2013 at 11:59 AM

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