Legal Question in Family Law in Washington

What are the grandparents rights if one of her grandchildren, who has lived with me for almost all the eight years of her life, Is taken away by the father to live with him. This child is like my own child. I couldnt bare the thought of never seeing her again. She has two half siblings, who she is completely bonded with, and they with her. Do siblings have more rights than the grandparent? I do not want this sibling bond to be broken.


Asked on 8/29/11, 12:51 pm

2 Answers from Attorneys

Jonathan Baner Baner & Baner

It depends on a bunch of factors, and every case is unique. Here it sounds like you'd need to, if cannot agree with the father, make a third party custody petition arguing de facto parentage or another theory.

We do some of that work, but you can also check out www.washingtonlawhelp.com and try to do it yourself (and save attorney fees). Ideally, you and the father could come to an out of court agreement regarding visitation time.

Good luck!

253-212-0353

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Answered on 8/29/11, 1:12 pm
Amir John Showrai The Pacific Law Firm, PLLC

I agree with most of what was written above, and would add the following. First, grandparents have little in the way of rights. If you bring the third party custody action as suggested above, that requires both biological parents to be found unfit. If you bring a de facto parentage action, which is separate from third party custody, that may get you in the door for visitation, but establishing de facto parentage will not be easy for you as grandparents because of the factors you need to establish to succeed. One of them is that the biological parents consented to and fostered your parent like relationship. You need to prove that.

That said, I'd want to know where dad has been these past 8 years, and how did he come and pick up the child now? If we can establish that you had permission to act as you have, and that your role was fostered, then I may be able to help you.

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Answered on 8/29/11, 3:20 pm


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