Legal Question in Family Law in Washington
grandparent rights
what rights do grandparents have to take custody from the legal parents
1 Answer from Attorneys
Re: grandparent rights
This is a complicated question with several different possible basis for action and a few different approaches to how the case would be framed, all would involve either consent or proving unfitness. Grandparents have no inherent rights to take custody of grandchildren. Grandparents would have to prove that both parents were unable to provide a basic level or parenting or safe environment for the children (show a level of bad parenting that involves risk of harm to children) or consent to some other arrangement by both parents. Showing that you would be able to do a better job of taking care of the children would not be enough. You have to prove the parents are doing a bad job. I'd encourage you to seek counsel from an attorney in Grey's Harbor County before beginning on this type of action (it is probably not going to be simple litigation) and in many ways it is easier for an attorney to handle a case from the beginning than to come in when you realize your are in trouble and after the documents are filed (and say things that should not have been put into the record or should have been stated a different way) i.e. it is easier and may be cheaper and more likely to get a good result by doing it right the first time, rather than trying to dig out of a hole later.