Legal Question in Family Law in Washington

Re: re-gaining custody of a non relative child

It's called a third party custody action, and it's a tough standard to meet. You have to be able to prove that neither parent is fit. You don't mention where the father of the child is in this equation; is he gone? Is he paying support? Is he a fit parent?

You petition the court for a finding of adequate cause to proceed, and the court will (usually) appoint a guardian ad litem to address the needs of the minor child and determine what is in that child's best interests as far as who should raise her.

There is a huge presumption that the natural parent is the best person to raise a child, and parents have rights. You need to be prepared for an uphill battle. This is not self-help law. You need an attorney to do this for you. If you need a referral, say what county you are in and I'll try to give you some names.

As to the child's situation, consider whether you would contact CPS to report neglect or abuse. If your answer is yes, then do that and immediately file a petition for third party custody.

Hope this helps. Powell