Legal Question in Family Law in Washington

Visitation for a Step Child

I have been raising my step son with his father (my ex-fiance) since he was 3 (he is 8 now). I have no legal right to this child, however, he has little to do with his mother and we are extremely bonded. I left the home for my own safety and I spoke to cps many times. The extended family has serios mental health issues and I realize now that my ex-fiance does as well. For my own sanity and safety, I need to stay away from the family. I would like to request visitation to see my step son and to pay child support without being drawn into the drama and unhealthy situation. I would even be happy to request custody if his father loses him to the State (or if he is willing to give him up to get help.) I simply do not know where to begin. I also do not know how to begin this by making sure it is through a third party. I do not have a ton of money, but I will pay what I can to get started on this process. I realize I may be denied, (since he is being used as a tool for me to be drawn back into the situation in order to be able to see him), however, I need to try because I love him as if he were my own and I do not want him to think I have abandoned him as his mother did. Thank you so much.


Asked on 7/31/08, 7:51 pm

1 Answer from Attorneys
Christopher Steuart IT Forensics, Inc.

Re: Visitation for a Step Child

There is case law in Washington on de facto parents. Your situation may fit into that category. The best interest of the child in maintaining an existing relationship is the criteria. As you said you have no legal right, the child has a right to maintain important relationships, and if you brought such an action it would be to assert his rights. I know personally of at least one case where a former step-parent is the guardian of a child, that was done by agreement, and I don't know how that would go if there was a contested case. You should consult with an attorney, this is definitely not do it yourself law.

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Answered on 7/31/08, 8:34 pm


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