Washington Temporary Non-Parent Custody Order

State:
Washington
Control #:
WA-SKU-2032
Format:
Word
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Description

Temporary Non-Parent Custody Order

A Washington Temporary Non-Parent Custody Order is a court order that grants a non-parent, such as a grandparent, aunt, uncle, or other relative, temporary legal custody of a child. This type of order allows the non-parent to provide care and make decisions for the child until a more permanent arrangement, such as adoption, can be made. There are two types of Washington Temporary Non-Parent Custody Orders: Expert Temporary Non-Parent Custody Orders and Temporary Non-Parent Custody Orders After Hearing. An Expert Temporary Non-Parent Custody Order is an emergency order that is issued without a hearing or notice to the parents. A Temporary Non-Parent Custody Order After Hearing is issued after a court hearing where both parents and the non-parent petitioner can present evidence and arguments.

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FAQ

Emergency Minor Guardianships usually only last for 60 days, so if you need a long-term order, you will also need to file for Minor Guardianship.

When a parent is awarded primary physical custody of a child (custodial parent), the other (noncustodial) parent will have regular visitation rights under Washington's child custody guidelines. At a minimum, the noncustodial parent must receive one weeknight visit and every other weekend.

In Washington State, when two unmarried parents have a child, custody defaults to the mother. However, if paternity is established for the father, his rights as a parent will hold equal weight in court.

Child Custody and Moving Out of State: No Existing Court Order. If you have no existing court order regarding the other parent's or third party's visitation rights with the child, then you are probably within your legal rights to move outside of the state, as Washington State's relocation laws do not apply to you.

There is no set age at which a child can refuse visitation in the state of Washington. The courts will never sanction a parent if they have an independent child who simply refuses to visit the other spouse. If a parent is preventing visits, the judge can enforce the visitation order or even hold the parent in contempt.

A Washington court may issue a temporary child custody order if the military deploys or temporarily relocates a parent with whom a child primarily lives. The temporary custody order expires ten days after the parent's return.

Temporary orders provide short-term solutions to disputes that can't wait until the end of legal proceedings to be resolved. They generally assign decision-making authority to one or both parents and set a residential schedule for the duration of the litigation process or settlement process.

When no emergency exists the legal avenue for obtaining a custody order (or parenting plan) is filing a motion for temporary orders. In a nutshell, you would file your moving papers and schedule a hearing date with the Court. The difference is that there is no order in place pending the hearing date.

More info

A temporary guardianship agreement is a private agreement that does not require a judge's approval. The second method for getting custody is called nonparent custody, which is also called "in loco parentis" custody.A court may take a long time to issue a final custody order, so it may provide for temporary custody arrangements in the meantime. (A) An order granting custodial responsibility pursuant to this article must: (1) designate the order as temporary; and. Non-parent custody is usually granted in emergencies, such as when both parents are incarcerated, incapacitated, or deceased. The court will determine temporary custody based on the best interests of the child. A petition for emergency custody is essentially a request for a Temporary Restraining Order (TRO) against the custodial parent. Temporary custody is often determined during a separation or divorce, pending a final agreement. Temporary custody is awarded to a non-parent family member when the parents are not in a position to provide for the care of the child. Island County Local Court Rules and Forms. 2.

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Washington Temporary Non-Parent Custody Order