When persons who are not the legal parents of a child wish to take custody of that child, a case for Non-parental legal custody can be filed. This action is sometimes referred to by Seattle family law firms as a “third party” custody or “grandparent” custodial action because it is frequently used by relatives seeking custody of a child whom they allege is being neglected or abused. Custody of such a child may only occur when the child is not residing with either legal parent, or if the third party alleges that neither parent is a fit custodian.

Washington State family law requires that mandatory forms be used in non-parental custody actions and are available here: Seattle family law forms. Seattle family law firms use these forms for their third party custody actions as well.

Custody cases mean disrupting a child’s life, although maybe for the better. Temporary orders may be adopted that will regulate the relationship between the child, the party seeking custody, and the child’s legal parents until the matter is finalized. Depending on how conflicted the case is, finalization of a Non-parental custody case through a Seattle Family Law Firm can take over a year. Temporary orders resolve necessary issues such as visitation schedule, support obligations, protection orders, and the cost of attorney’s fees to a Seattle family law firm. Residential time between the legal parents and the child may be ordered, but the extent and nature of the time depends upon the particular circumstances of each case.

Under U.S. Constitutional law, the right to parent is a fundamental right. Thus, getting custody as a third party in a custody action means meeting a high legal standard to overcome that fundamental right. The law does, however, prioritize the best interests of children before all else. At McKinley Irvin Seattle family law firm the custody attorneys take this interest quite seriously.

There are many issues to consider before starting a custody case for a child not your own, or if your child may be removed from your custody. Thus, when facts suggest an action is imminent contact a Seattle Family Law Firm immediately. Many parties can be involved including state agencies in these actions. A Seattle family law firm with lawyers experienced in this area should advice on either side of a Non-parental custody action. The Seattle Family Law Firm of McKinley Irvin has represented many clients in Non-parental Custody actions and can advise you on the issues and arguments of your case. As a Seattle family law firm focusing largely on custody and divorce actions, McKinley Irvin has attorneys who can analyze your non-parental custody case.

Please see Chapter 26.10 RCW: Nonparental actions for child custody for specific statutory language