Legal Question in Family Law in Idaho
Regaining Custody of Minor Child
If you have joint custody and the primary custodian sends the child to live with one of their relatives without your consent can you get custody back and if so what steps need to be taken. Can you do it yourself or do you need a lawyer to represent you. Can the child stay with the non-custodial parent until a decision is made by the courts.
2 Answers from Attorneys
Re: Regaining Custody of Minor Child
You could file a petition to modify on grounds that the other party has abandoned the child, or is refusing to perform parenting functions as defined under RCW 26.09.004. Based on the few facts presented, it appears that the courts might rather have you parent the child full time
over a
relative.
Is this something you would want to do yourself? Unless you have a fair modicum of experience dealing with the courts, filing, working papers, setting hearings, and the like...it is not generally recommended.
Re: Regaining Custody of Minor Child
You can get custody back if you can prove that the caretaker the costodial parent (CP) let the child live with is hurting the child in some way and it is not in the best interest of the child for the child to stay there. However, you'll have to prove that CP knew or should have known that the child would be placed in a situation contrary to its best interests. You must prove this by a preponderance or greater weight of the evidence. This is usually very diffult.
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