Actions for Non-Parental Custody
Stepparent and Grandparent Custody Actions in Washington State
Family Law Form
If you have become the primary caregiver for a child or children and can show cause for legally replacing the natural parent(s), it is possible to file for third party custody under Washington State law. Our attorneys will vigorously press your case in court to illustrate why the child should be formally placed in your care.
Engel Law Group of Seattle, Washington, represents grandparents and stepparents in third party custody cases. I am Eric Engel, an experienced family law attorney practicing in King County, Snohomish County, and Pierce County. Contact our office at 206.625.9800 to arrange a free consultation.
About Third Party Custody
In order to file a non-parental custody petition, you must meet two criteria:
(1) Adequate Cause — It is not enough to merely assert that the natural parents are doing a poor job. Even if third party custody would be in the best interests of the child because you can provide a "better home," Washington courts are reluctant to supersede the rights of parents. Adequate cause requires that the mother and/or father meet the legal definition of "unfit parents":
- Abandonment or severe neglect
- Physical, emotional, or sexual abuse of the child
- Drug addiction
- Imprisonment / criminal activity
(2) De Facto Parenting — You must already be acting in a parental role (providing shelter, providing economically for the child, and making decisions on behalf of the child on a day-to-day basis.) A de facto parent can be a stepparent, a grandparent, or other relative, even a godparent or family friend not related to the child.
Compassionate Counsel, Strong Litigation
Our attorneys also understand that these are emotionally difficult proceedings, pitting family against family. My focus is on the child, not punishment of the unfit parent. The petition is often challenged by the parents at the Non Parental Custody hearing. Perhaps Grandma and Grandpa have been caring for the child, and now the parent(s) want the child back after getting treatment for addiction. As your lawyers, we can present a compelling argument why the third party custody should be granted over the parents' objection.
As in any custody matter, third party custody is not permanent. A court can rescind or modify non-parental custody at a later date. Only the state can move to terminate parental rights, and natural parents who are very determined to get their kids back often prevail. Until that day — if it ever comes — the child or children need the protection, security, and love they had not been getting.
Free, Half-Hour Consultation • 206.625.9800
If you believe you have a case for custody as a third party, contact Engel Law Group to discuss the situation. We offer compassionate legal counsel and considerable trial experience, and we will fight for you as you are fighting to protect the interests of a child who needs you.
