Legal Question in Family Law in Washington

child protection

i need information on how i can protect a child that has been in my care for three months father has temp custody mom has had her taken away. the dad lives in north dakota and the child does not want to move. mom has an attoney to help her get child back but it would NOT be in the interest fo the child she is 15 and is going to be 16 8/8 she wants to stay with me but i need help on what i can do. if i have a shot to have her stay will want to have someone represent me please help


Asked on 7/23/08, 1:35 pm

2 Answers from Attorneys
Christopher Steuart IT Forensics, Inc.

Re: child protection

The fact statement is unclear on what the current residential situation is, and your statement that the mother having custody is not in the best interest of the child is simply asserting a legal conclusion with no facts to support it. A person may seek 3d party custody (non-parental custody) by filing a petition and serving the parents. Whether you have a sufficient basis to be successful, I have no idea (and that the child wants to stay with you is only significant if it is based on something a court would think was important). Third party custody is not taken lightly by courts, and the court would have to determine that it was in the best interest of the child (and there is a presumption that the parents of the child are the best people to care for the child, and you would have to overcome that presumption).

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Answered on 7/24/08, 12:48 pm
Christopher Steuart IT Forensics, Inc.

Re: child protection

The fact statement is unclear on what the current residential situation is, and your statement that the mother having custody is not in the best interest of the child is simply asserting a legal conclusion with no facts to support it. A person may seek 3d party custody (non-parental custody) by filing a petition and serving the parents. Whether you have a sufficient basis to be successful, I have no idea (and that the child wants to stay with you is only significant if it is based on something a court would think was important). Third party custody is not taken lightly by courts, and the court would have to determine that it was in the best interest of the child (and there is a presumption that the parents of the child are the best people to care for the child, and you would have to overcome that presumption).

Read more
Answered on 7/24/08, 12:49 pm


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