Consulting a Seattle Family Law Firm: Non-parental Custody Actions

Individuals who are not the parents of a child but who wish to obtain legal custody of that child may commence a Non-parental Custody Action. This procedure is sometimes referred to as �third party� custody or �grandparents� custody because it is frequently used by grandparents seeking custody of a grandchild whom they believe is being neglected or abused. A party other than a parent may seek custody of a child only when the child is not residing with either parent, or if the petitioning party alleges that neither parent is a suitable custodian.

For Washington State family law mandatory forms to be used in non-parental custody actions, please see Seattle family law forms. These forms are used by Seattle family law firms.

If a party is awarded custody of a child, that party may seek to have temporary orders entered. The temporary orders will regulate the relationship between the child, the party awarded custody, and the child's parents until the case is finalized. Finalization of a Non-parental custody case through a Seattle family law firm can take up to a year or more, depending upon how contested the action is. Temporary orders address issues such as residential schedule, child support, restraining orders, and the payment of attorney's fees to a Seattle family law firm. The parents of the child may be granted residential time, but the extent and nature of the time depends upon the particular circumstances of each case.

Under Federal law, parents have a fundamental right to parent their children. Thus, prevailing as a third party in a Non-parental Custody action means meeting a high legal standard to overcome that fundamental right. The law does, however, aim to seek the best interest of the child first and foremost. The attorneys at the Seattle family law firm of McKinley Irvin take this goal quite seriously.

There are many issues to consider when attempting to gain custody of a child who is not your own, or if a child has been removed from your custody. Thus, contact a Seattle family law firm immediately. Several parties can be involved as well as state agencies in these actions. An experienced Seattle family law firm should be consulted from either side of a Non-parental custody action. McKinley Irvin, a Seattle family law firm, has represented many clients in Non-parental Custody actions and can apprise you of the strengths and weaknesses of your case. As a Seattle family law firm focusing primarily on family actions, McKinley Irvin has attorneys to analyze your non-parental custody case.

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