Legal Question in Family Law in Washington
Keeping Neice While Sister is out of the Country
My sister is leaving the country for about a year or more. She is leaving her 10 year old child in my care while she is gone. What papers,if any, do we need to file to make this legal? She receives child support checks monthly and has to let CSO know that she is leaving,should we also inform the courts of her departure or should we get papers notarized incase of an emergency,since my sister will be gone when my neice returns to school,what steps do we take for getting her transfered to the shcool in our town? Is this all legal...My sister leaving my neice in my custody? Will the courts consider this abandonment? what will happen if my sister decides not to come back for a longer period of time and leaves my neice to me the whole time?
1 Answer from Attorneys
Re: Keeping Neice While Sister is out of the Country
1. I question why the child is not being left with the father I would think that solution would be more appropriate, with an agreed order that the child would stay with him for only a year. If I were the father, I would strongly object to the child not living with myself.
2. Since you are an aunt, court papers are not necessary, but a medical consent form would be useful. As to the school, call them and see what they require.
3. If your thought is that your sister might just never come back, then, assuming the father doesn't take the child, I would recommend you get a custody order. I presume you would relinquish custody back to her after she returns, but if she never came back, or stayed away a long time, you would have a stronger position if you felt the child should remain with you. It would also be useful if your sister were to die while she was gone.
4. As to abandonment, see the definition for CPS purposes at RCW 13.34.030(1) at http://search.leg.wa.gov/wslrcw/RCW%20%2013%20%20TITLE/RCW%20%2013%20.%2034%20%20CHAPTER/RCW%20%2013%20.%2034%20.030.htm. Even if you didn't have a court order, a statement from your sister and regular payment to you, along with ongoing phone/email contact with the child, would probably be proof that she didn't intend "to forego, for an extended period, parental rights or responsibilities."
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