Legal Question in Family Law in Washington
Child custody
Our son is going through a divorce. Nothing has been filed yet, and his wife is in Hawaii. She attempted suicide and threatened to kill the children as well, and is now using threats of gaining custody as a weapon against our son. Can we (the grandparents) get custody in order to protect them?
2 Answers from Attorneys
Re: Child custody
You have the potential to be successful in a Third Party Custody case. Your question however raises several other questions: Why can't your son ask for "custody" and seek restrictions on the mother's access to the children? The preference of the courts is to place children with their parents. If he is not in a position to have the children with him, will he support your petition? Then you should consider what evidence you have to support the allegations of an attemped suicide and threats to the children. If there is no evidence of these events beyond your testimony or that of your son, this will probably come down to a swearing contest, and those end up with the judge having to determine credibility of witnesses. If there is independent evidence (ambulance transport records, hospitalization records, email from her, etc.) you will have a better chance of success. This is not self-help law, get a lawyer. Richland-Pasco-Kennewick and area have several competent family law lawyers who could assist you.
Re: Child custody
Third party custody actions only work if you are prepared to prove that neither parent is fit to care for the children and that it is in their best interests to be placed elsewhere.
If she's been gone longer than six months, this is going to be a divorce happening in Hawaii. Also, why hasn't he gone there to take care of the kids if she's gone crazy?
I suppose I may have just answered my own question. If you are really concerned about the kids, contact CPS in Hawaii.
Just another viewpoint to consider. Elizabeth Powell