Challenge Guardianship Decision

Summary

To challenge a guardianship decision in Washington, you can file a Notice of Appeal within 30 days. Gather evidence to disprove CPSs claims and seek legal assistance. If the guardianship was based on misrepresented facts, provide evidence and consider hiring a private investigator. If you suspect your child is in danger, document incidents and report to CPS. Modifications to guardianship can include changing the guardian, reinstating parental rights, or reducing the guardians powers. Consult with a lawyer for guidance.

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my daughter was recently ordered into a guardianship with the maternal grandmother. I do not feel CPS should have ever got involved and that the findings to do so are inaccurate yet my public defender at the time pressured me into signing the dependancy even when I said the findings were not true. she said that the judge I had would rule a dependancy anyway and to just sign so we can work on getting my daughter back. Ho do I fight this. she has since withdrawn from counsel.
I'm sorry to hear about your situation, ****. To challenge the guardianship, you could:
- Request a review of the case by CPS
- File a motion to terminate the guardianship in court.
You should consider getting a new lawyer to help with this. It's important to gather evidence supporting your claims.
CPS is the ultimate liar in all of this and I do not feel have my best interest
I understand your frustration, ****. In Washington, you have the right to appeal decisions made by CPS. Here are the steps:
- File a Notice of Appeal within 30 days of the decision.
- Gather evidence to disprove CPS's claims.
- Seek legal assistance for a stronger appeal.
Remember, you can also file a complaint against CPS.
Appeal the guardianship order? Which form do I use exactly as today is the 30th day and I need this done asap?
In Washington, you need to complete the "Notice of Appeal" form to challenge a guardianship order. You can find this form at the local clerk's office or online at the Washington State Court's website. Remember, your submission needs to be timely.
can you please provide a link to the exact form as there are so many options
I'm sorry but as a chatbot, I'm unable to provide direct links. However, you can visit the Washington Courts' website, go to the 'Forms' section, and look for the 'Notice of Appeal' form under the 'Superior Court' category.
would it be named anything else as that does not exist on thier site
The form may be listed as "Notice of Appeal from Superior Court." If you're unable to find it, you may need to contact the Washington Courts directly or consult with a lawyer to ensure you're using the correct form.
what scenarios would constitute a good fight for getting my my guardianship overturned and my child back in my arms
To increase your chances of successfully overturning the guardianship and regaining custody of your child, consider the following:
- Provide evidence of change: Show that the conditions which led to the guardianship have improved.
- Prove you can provide a stable environment: This includes stable housing, income, and a safe environment.
- Demonstrate a strong, healthy relationship with your child.
- Comply with all court orders and treatment plans.
what if the conditions of the guardianship were based on a dependancy case full of holes and misrepresentation?
If the guardianship conditions were based on misrepresented facts, you'll need to:
- Gather evidence proving the inaccuracies in the dependency case
- Seek legal assistance to help present your case
- Consider hiring a private investigator if necessary
- If possible, provide witnesses who can testify to the inaccuracies.
can CPS take my child because of hearsay from family? the inital report for filing a petition for dependancy is wrong and they have also included other clients info in my discobery case
In Washington, CPS can initiate investigations based on reports, but hearsay alone is not enough for them to take a child:
- They need substantial evidence of child abuse or neglect.
- If your discovery case includes other clients' info, it may be a breach of confidentiality.
- You can challenge this in your appeal. Seek legal advice immediately.
okay i used during pregnancy as my doctor said methadone waas bad for the baby> i specificlly seen a doctor during my whole pregnancy who only seen women who were pregnant and addicted. i was told my baby was okay and healthy thr0ughout every appointmnt. cps still said i do not know sober skills. can they still step in and take my baby?
In Washington, CPS can intervene if there's a risk to the child's safety. However:
- If your doctor approved and monitored your medication use during pregnancy, this could be vital evidence.
- Show proof of your efforts to stay sober and any progress you've made.
- Consider enrolling in a parenting class or similar to demonstrate your commitment.
- Legal representation is strongly advised in such cases.
i saw a doctor who specialized in women who were pregnant and drug use and that doctor said my baby was healthy and actually stopped seeing mee a month prior to my due date.
That's a good start, ****. Can you provide documentation of your doctor visits and the doctor's assessments of your health and the baby's health? This could be crucial evidence in your case. Also, consider seeking legal counsel to help guide you through this process.
my visits with her are included with the discovery but they still wanted to take my baby. how is this okay?
This must be very difficult for you, ****. If your visits and doctor's assessments are already part of the case, it's essential to have legal representation to effectively argue your side. Remember, you can appeal the decision within 30 days.
that was prior to my public defender making me sign my baby as a dependant. I am just not getting the discovery showing why cps moved forward and its already gone to ordered guardianship. there was no way i had the evidenc of this during that time and i asked my public defender at the time repeayedly for this and she finally gave it to me when the guardiianship as proposed.
I'm sorry to hear about your situation, ****. In Washington, you can contest the guardianship order by:
- Filing a motion in court to modify or terminate the guardianship.
- Providing evidence demonstrating a change in circumstances.
- Proving your ability to provide a stable and safe environment for your child.
It's strongly recommended to seek legal assistance in this matter.
today is the 30th day for an appeal. will i still be able too fight if i took more time to gather facts and evidence and still be able to contest the guardiianship?
In Washington, the appeal period is typically 30 days. If you exceed this period, it may be more difficult to appeal. However, you can still fight the guardianship order by filing a motion to modify or terminate it in court. Get legal assistance to guide you in this process.
if my mother and her husband are guardians of my baby and i have reason to fear the stepgrandfather is putting my daughter in harms way due to being an alcoholic what do i do?
If you suspect your child is in danger due to the stepgrandfather's alcoholism, you should:
- Document any incidents or evidence of endangerment.
- Report your concerns to Child Protective Services.
- Consider filing a motion with the court to modify the guardianship order.

Legal counsel can guide you through this process.
hat type of modifications would be set in this case?
In Washington, modifications to a guardianship order could include:
- Changing the guardian: If you can prove another person would be a better fit.
- Reinstating your parental rights: If you can demonstrate your circumstances have significantly improved.
- Reducing the guardian's powers: If it's in the best interest of your child.
Legal assistance can help to identify the best approach.
what are examples of reducing the guardians powers?
Reducing a guardian's powers in Washington may involve:
- Limiting the guardian's control over certain aspects of the child's life (e.g. education or medical decisions).
- Requiring court approval for specific actions.
- Setting a time limit on the guardianship.
Each case is unique, so it's crucial to seek legal advice.
they hospital tested the umbellical cord to my baby. the sample was taken day she was bon but wasnt tested until 3 days later. how dependable is the test at that point? they said my daughter was positive for fetynal but fentynal was also used in the spinal tap of my c section. could there be possible contamination or is the teest even admisable? is there supposed to be a strict chain of custody and am i suppose to see that iin the test?
There are several factors to consider here, ****:
- The hospital's protocols and standards for testing: Did they follow these correctly?
- The possibility of contamination: This could be a legitimate concern.
- Chain of custody: This should be maintained for the test to be admissible in court.
It's advised to consult with a lawyer to explore these issues.
is the fact that it wasnt tested until 3 days later mean there is clause for possible contamination?
The delay in testing could potentially affect the sample's integrity. However, it depends on the sample type and storage conditions. It's critical to consult with a medical expert or attorney to understand if this could constitute a valid argument in your case.
what tests need to be run and be positive for a baby to be in severe withdrawl?
For a baby to be diagnosed with Neonatal Abstinence Syndrome (severe withdrawal), medical professionals typically use the Finnegan Neonatal Abstinence Scoring System, which assesses symptoms like:
- High-pitched crying
- Tremors
- Convulsions
- Difficulty feeding
Again, it's advisable to consult with a healthcare professional for accurate information.