Recent Posts in the Third Party Custody Category

• Do Grandparents Have Legal Custody Rights?

  Nov 6, 2014
  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, ...
  Posted By McKinley Irvin
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• What is the Difference Between Custody and Guardianship?

  Jul 18, 2014
  Guardianship and custody are similar but distinct concepts that describe the legal relationships between an adult and a child. The main difference between custody and guardianship is the child's parents - custody is provided to the child's biological parents while guardianship is given to a non-biological parent. Some additional differences between the relationship of custody vs guardianship include: The decision-making authority provided to the adult in the relationship Who is generally awarded custody over a child and who ...
  Posted By McKinley Irvin
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• Tips for Grandparents Seeking Custody of Grandchildren

  Apr 3, 2014
  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 ...
  Posted By MCKINLEY IRVIN
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