Washington Order on Adequate Cause for Non-parent Custody

State:
Washington
Control #:
WA-SKU-2454
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PDF
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Description

Order on Adequate Cause for Non-parent Custody

Washington Order on Adequate Cause for Non-parent Custody is a court order from the state of Washington that grants legal custody of a minor child to an adult who is not the child's parent. This order can be issued when a court finds that the parent(s) are not able to adequately provide for the child's care and protection, or if the child's best interests would be served by living with someone other than the parent(s). There are two types of Washington Order on Adequate Cause for Non-parent Custody: Temporary and Permanent. Temporary custody is granted for a period of up to ninety days, and can be extended or renewed as needed. Permanent custody is granted for an indefinite period of time, and can only be changed if the court finds that it is in the child's best interests to do so. The court will consider a variety of factors when deciding whether to issue a Washington Order on Adequate Cause for Non-parent Custody, including the child's age, health, and safety; the relationship between the non-parent caregiver and the child; the ability of the non-parent caregiver to provide for the child's physical, mental, and emotional needs; the ability of the non-parent caregiver to provide for the child's education; and any other relevant factors.

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FAQ

Adequate cause hearings are also referred to as threshold hearings. To modify custody in Washington, a judge must hold an adequate cause hearing in which both parents' presence is required. The parent calling for the change in custody must show a satisfactory reason for the change.

Major modification would include changing custody and removing parenting time, while minor modification would be changing visitation days or times. Related: Parenting Plan Mediation in Washington State: What Is It? What Are Minor Modifications? Minor modifications can generally be easily made.

An Adequate Cause hearing is for the court to decide whether the case meets the legal criteria for a modification and should go to trial, or be dismissed. Note: The other parent can ask you for a copy of your check register. If this happens, you will have 14 days to provide it.

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.

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.

Who can get an emergency custody order? Usually a parent may request an emergency temporary child custody when the other parent presents an immediate danger. Substance abuse by a parent, abandonment, and other reckless or threatening behavior often constitute grounds for a court to issue an emergency custody order.

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.

More info

If there is no custody order, both parents have an equal right to custody, and either can lawfully take physical possession of the child at any time. There is not adequate cause (valid reasons) to hold a full hearing or trial about the. Petition.The Petition should be dismissed. In order to complete or finalize your case, the Court must receive, approve, and sign the final documents for your particular case. Here are some specific reasons under state law to file for a major modification: • The parent with custody under the current Parenting Plan has let the children. If the judge believes adequate cause exists for a change in the parenting plan, the judge will allow the case to proceed. There are exceptions to this when it is not the best interest of the child. The moving party must show the change has had or could have a significant effect on the child. Unfortunately, that is not always an easy process. Before a court will reopen a parenting case, the parties have to attend an "adequate cause" hearing.

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Washington Order on Adequate Cause for Non-parent Custody