Legal Question in Family Law in Washington

Are they considered abandoned

I have had physical custody of my aunts two small childern (now 7 & 3) for a little over 2 years now. Is there a law in Washington regurding abandonment? Do I have to file for Non-parental custody? If so are there any resourses on WA to do this. I make too much money to quailify for any free services but I really do not have the money to pay out for the cost of the custody procedings. I have tried to complete the non-parental custody forms but I keep running into problems, ie. who is the father of the oldest child? How would I know. I love these children as my own and want them to be with my family always.


Asked on 12/02/01, 1:02 pm

1 Answer from Attorneys
Gary Preble Preble Law Firm, P.S.

Re: Are they considered abandoned

I would strongly advise your filing a non-parental custody action! The cost of an attorney at this point will spare you great grief and cost in the future. All the parent has to do is to demand the children back and you will have to go to court. If you do it now, you are in control of the process and it will be cheaper. You might be able to find an attorney who will help you with your questions without going to court.

Also, you may find that your aunt will just sign agree and the papers. She may also agree to adoption which would be the best route if you want these children as your own.

As to the father, ask the aunt. If she doesn't know, you will have to publish notice. I presume you have looked at the WA Forms site at http://www.courts.wa.gov/forms/. The law regarding non-parent custody proceedings is at http://search.leg.wa.gov/wslrcw/RCW%20%2026%20%20TITLE/RCW%20%2026%20.%2010%20%20CHAPTER/RCW%20%2026%20.%2010%20%20chapter.htm

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Answered on 12/03/01, 12:40 am


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