Legal Question in Family Law in Washington
Voluntary change of custody
My sister-in-law has court appointed custody/gaurdianship or her grand-daughter. She has decided that the child is to much for her to handle and would like to voluntarily give custody of the 8 year old child to us, her paternal aunt and uncle. The parents of the child have no legal custody or visitation with the child. Can this be done with a simple power of attorney or must this go through the court system.
2 Answers from Attorneys
Re: Voluntary change of custody
It may be possible to present this as an agreed modification, but the moving party (you) still has to follow all the procedure for a third party custody modification and disclose the criminal history, if any, of any adults living in the new proposed household. There also has to be a finding of adequate cause, but if the non moving party agrees with you, then you have an easier burden of proof.
But no, you cannot just delegate this responsibility without telling the Court what you are doing and having the Court approve it.
Hope this helps. Elizabeth Powell
Re: Voluntary change of custody
The current structure is based on court order(s) and any modification should be handled within the existing guardianship. The current guardian can petition for discharge and recommend you. The court will probably want a guardian ad litem appointed to assist the court in determining the appropriateness of the appointment.
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