Legal Question in Family Law in Washington

Parental Authority over Minor(s) they Petition for Custody

What rights does a minor have when they are petitioned (by their parents)for custody of their child? What authority does a parent have over their child when a conflict of interest is obviously clear, favoring the the parent over their child for custody? A 16 yr old is currently fighting for custody against her parents and seems to not be heard by the court because she is deemed a MINOR. The parents going for custody have purposely tried to keep her from court hearings so she could be held in DEFAULT and judgement would be in their favor. The petitioners have also hired counsel after they physically took LEGAL documents from the minor (their 16yr child). The petitioners have filed restraining orders against non-parties that were assisting their child fight them for custody, and have kept the minor mother and father from seeking out counsel by contacting local attorney offices and discussing their case. Even though these offices aren't representing the petitioners and they have hired counsel, the responding mother and father have blocked doors due to legal conflicts from these discussions. Legal counsel has been denied/declined even though the attorneys know the petitioners have established counsel. what can the mother and father do


Asked on 9/26/05, 10:28 pm

1 Answer from Attorneys
Christopher Steuart IT Forensics, Inc.

Re: Parental Authority over Minor(s) they Petition for Custody

I am not sure what you mean by being "petitioned (by their parents) for custody of their child." I will treat it as meaning that your parents petitioned for custody of your child. In reading your statement, I found it to be more a conclusory rant against your parents than a clear statement of facts that would allow me to provide you with advice. You should understand that if you are under 18 years of age you are not deemed a minor, you are a minor (even if you are emancipated). One process that would put you on a more equal footing with your parents would be to be emancipated. The key point in this process is you would have to be able to convince a court that you were capable of managing your personal, social, educational, and financial affairs. From your description of your situation, you should not expect that your parents will be willing to support you in the petition (and I would expect them to actively resist). You are going to be working uphill. Your situation, in having a baby while 16 years old, can be treated as evidence of your lack of competence to manage your life, and the statement you have provided, if you presented it to a judge would suggest that you lack the capacity to distinguish between fact and opinion and that you lack the maturity to be emancipated.

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Answered on 9/27/05, 6:40 am


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