Legal Question in Family Law in Washington

Re: Emergency Temporary Custody

1. You do not have the choice of a judge rather than a commissioner in the preliminary motions prior to trial, although any decision of the commissioner may be reviewed by a judge by what is called a motion to revise. See RCW 2.24.050 at http://www.leg.wa.gov/RCW/index.cfm?fuseaction=section§ion=2.24.050

2. The GAL was only partly correct. Grandparents have no rights in most cases to VISITATION (after the Custody of Smith case decided in the US Supreme Court under the name of Troxell v. Granville). However when CUSTODY is in issue, there is a two-part test, either prong of which may be proved.

The first is as the GAL stated-- that you prove the parent (your child in this case) unfit. Normally I don't prefer this route because the grandparent usually wants to protect the grandchild with as little harm to their relationship with their own child as possible.

The second prong you could prove is that placement of the child with an otherwise fit parent would have a detrimental effect on the development of the child.

As to your present Temporary Custody, I presume you have already filed a Non-Parental custody action. I would recommend that you get an attorney if your daughter is going to fight and especially if the GAL is not favorable toward you or your chances.

Re: Emergency Temporary Custody

This is a very serious and complicated matter that requires the use of an experienced family law attorney who has worked in custody cases before. There is no reasonable manner of getting this matter sorted out for you on a BBS system like this. The simple answer to your questions is this: There is no simple answer and you must see an attorney IMMEDIATELY if you wish to retain at least temporary custody of your grandson.