Washington Temporary Non-Parent Custody Order

State:
Washington
Control #:
WA-SKU-2458
Format:
PDF
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Description

Temporary Non-Parent Custody Order

Washington Temporary Non-Parent Custody Order is a court order issued by a Washington court that allows an adult other than a parent to have temporary legal custody of a minor child. This type of order is typically requested when the minor child's parents are unable or unwilling to care for the child due to unforeseen circumstances. The court order grants the non-parent custodian the legal authority to make decisions on behalf of the child in matters of health, education, and welfare. There are two types of Washington Temporary Non-Parent Custody Orders: a temporary guardianship order and a temporary custody order. A temporary guardianship order grants the non-parent custodian the legal right to make decisions related to the minor child's care, custody, and control. A temporary custody order grants the non-parent custodian the legal right to make decisions related to the minor child's health, education, and welfare.

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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.

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.

Guardianship in Washington State is a legal process in Superior Court, in which a guardian is appointed to exercise the legal rights of a person subject to guardianship, referred to as the incapacitated person or ward, who is at significant risk of harm based of a ?demonstrated inability to adequately manage property

To file for temporary emergency custody, a parent must file the Motion for Immediate Order (Ex Parte) ? Emergency Minor Guardianship and Restraining Order with the Superior Court Clerk. Each Washington county will have different local court rules.

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.

A Title 11 Guardian ad litem (GAL) is an individual appointed by the court to inform the court about, and to represent, the needs and best interests of an individual involved in a case in superior court.

Washington passed a new law that started in January 2021. The new law creates a different court process for authorizing someone to take care of a child under age 18 who is not their own. Instead of filing for non-parent custody, you now file for guardianship of a minor.

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