Legal Question in Family Law in Washington

third party custody and parental rights

We have non-parental custody of our grandchildren, voluntarily agreed to by both parents. Can the parents give their ''parental rights'' up with the intent of allowing, without our knowledge, someone else to seek out adoption?


Asked on 7/27/07, 1:50 am

1 Answer from Attorneys

Elizabeth Powell ELizabeth Powell PS Inc

Re: third party custody and parental rights

What parental rights would those be?

If you have third-party custody, the parents have agreed or a court has adjudicated that the parents are not fit. Thus, the children are placed with you.

As the custodians - adjudicated or agreed parents of these children - you are entitled to notice and opportunity to respond to ANY action regarding the children.

The parents do not have standing to make any decisions regarding the children other than what they are allowed to do under the parenting plan.

An adoption agency is going to see that the parents do not have standing and will refuse to deal with the parents. ANY action proposed by an adoption agency would be void ab inito because the parents don't have authority to make decisions for these children.

My suggestion? Get a referral to a family law attorney who can explain this to you, and be sure your questions are answered.

Hope this helps. Elizabeth Powell

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Answered on 7/27/07, 9:17 am


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