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Washington Motion for Temporary Non-Parent Custody Order [ ] and Restraining Order

State:
Washington
Control #:
WA-SKU-2457
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Motion for Temporary Non-Parent Custody Order [ ] and Restraining Order

A Washington Motion for Temporary Non-Parent Custody Order is a legal document that is used to grant temporary custody of a child to someone other than the child's parents. This document is typically used in situations where the parents are unable to care for the child due to illness, incarceration, or other circumstances. A Washington Restraining Order is a court order that is used to protect a person from physical or emotional harm by another person. It can be issued to protect a person from harassment, stalking, physical violence, or any other type of abuse. There are two types of Washington Restraining Orders: Domestic Violence Restraining Orders, which are issued to protect a person from abuse by a current or former partner, spouse, or family member; and Sexual Assault Protection Orders, which are issued to protect a person from sexual assault or harassment.

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FAQ

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.

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.

If you get served with a temporary restraining or protection order, you will need to check the order for the date, the time, and the location of the court hearing where you will be allowed to tell your side of the story. You must appear at this hearing or a default order will be issued against you.

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.

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.

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.

More info

A "motion" is a written request that asks the judge to make some orders and your reasons why. It is more detailed than the initial paperwork filed in the case.You may file a Petition for Temporary Custody if: You have the signed, notarized consents of the children's legal parents;. You may file for temporary custody if you have the signed, notarized consents of the child's legal parents. The instructions below DO NOT include information about how to file protection orders, which is different than a restraining order. When no emergency exists the legal avenue for obtaining a custody order (or parenting plan) is filing a motion for temporary orders. When the judge decides whether to grant the temporary emergency order, you will also get a court date (a hearing). What if I need a custody order before my final hearing or trial? Kinship Guardianship ; Motion and Order for Continuance ; Motion and Order for Telephonic Appearance ; Motion to Modify or Enforce Child Support. Courts will not grant emergency custody orders making significant changes to a child's custody except in exigent circumstances.

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Washington Motion for Temporary Non-Parent Custody Order [ ] and Restraining Order