Legal Question in Family Law in Washington
third party custody in washington state
My Grandnephew has lived with me for three years he is 5. His mother has custody, his father was ordered to pay child support with no visition. My niece has agreed to giving us custody can his father stop this
2 Answers from Attorneys
Re: third party custody in washington state
Mr. Preble's answer is very good advice. Elizabeth Powell
Re: third party custody in washington state
The probable answer is no, based on the passage of time and the absence of contact.
You need to get a lawyer who handles third-party custody matters. Having the matter handled well from the beginning would be worth the cost. But you need to move on it as soon as possible.
The standard is either the parents are unfit or placement with an otherwise fit parent would have a detrimental effect on the development of the child. The court has determined that this higher standard applies rather than the simple "best interests" test of the statute. Otherwise, the relevant statutes are in chapter 26.10 RCW at http://apps.leg.wa.gov/RCW/default.aspx?cite=26.10.