Third Party Custody

Recent Posts in the Third Party Custody Category

  • Do Grandparents Have Legal Custody Rights?

    Do Grandparents Have Legal Custody Rights? Under Washington law, grandparents do not have legal custody or visitation rights to their grandchildren. This was not always the case – Washington once had a statute which permitted a grandparent or any other person to petition for visitation of a child if the child’s parents were going through a divorce. However, on April 5, 2005, the Washington Supreme Court ruled that the law was unconstitutional because it infringed upon the rights that parents have over care, custody, and control of their children. As a result, ...
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  • What is the Difference Between Custody and Guardianship?

    What is the Difference Between Custody and Guardianship? Guardianship and custody are similar but distinct concepts that describe the legal relationships between an adult and a child. Although often mistaken for one another, these relationships differ in a number of important ways including: The decision-making authority provided to the adult in the relationship Who is generally awarded custody over a child and who is generally given the authority to be a child’s guardian The duration of the legal relationship Who may appoint a custodian or guardian As well, in certain ...
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  • Tips for Grandparents Seeking Custody of Grandchildren

    Many states have laws that permit a court to award custody of minor children to a grandparent or other third-party with a significant relationship with that minor child. Because these laws can infringe on a biological parent’s fundamental rights to parent their children, the laws must be tailored to meet a compelling state interest in protecting the welfare and safety of children. A constitutionally permissible law that allows a court to award custody to a grandparent often requires the grandparent to: Overcome a presumption ...
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