Legal Question in Family Law in Washington
child custody
Custody of minor children given to grandparents due to incarceration. Other parent is deceased. Now that I am out of prison, how do I recind the custody order?
3 Answers from Attorneys
Re: child custody
Please also understand that you have to demonstrate that there is a change in the circumstances of the non moving party such that it is in the child's best interest to change the residential placement. This is hard to show. Courts are loathe to move children absent a compelling showing that there is an important reason to do so.
If you lose you will likely be responsible for your parent's attorney fees.
Alternatively, you can see if you and your parents can reach an agreement.
Hope this helps. Elizabeth Powell
Re: child custody
Assuming this went through the court system, you need to get back to court and show the court that you are capable of caring for the children and they would be safe in your care.
It is not easy re-opening a case if it has been a substantial amount of time it closed.
Re: child custody
Your course is to file a motion for modification under the current non-parental custody number. The criteria the court will be using is "best interest of the child." You should prepare to address all the bad things that were cited as the reasons, by the court in its findings, for granting non-parental custody. 3d party evidence, e.g. completion certificates for required drug or alcohol evaluations or treatment, anger management programs, reports of a probation officer or counselor will be better than your simply asserting that something has been taken care of.