There is a specific
statutory section governing third party
custody cases. Third party refers to
anyone other than the biological parents
(grandparents, aunts, uncles, other
friends and neighbors).
Third parties may seek
custody of minor children where either
both parents are unfit, or where the
children have been voluntarily placed
with a third party by the parents.
As with other custody cases, temporary
orders may be entered depending upon the
circumstances. If the case is not
settled, the third party will have to
prove their case at trial.
The third party custody
statute also contains language permitting
the parties to obtain visitation
only. This statute has been
declared unconstitutional by our State
Supreme Court and the U.S. Supreme Court.
Third party custody
cases are usually a rescue action for
children in danger. Usually, the
grandparents do not want to act as
"parent" again, but feel that
they have to intervene. If this is
necessary, it is important to know that
there is a statute that permits you to
save your grandchildren.
Our firm consist of three
lawyers, Peter W. Mogren, Ronald E.
Glessner, and Ruth A. Roti. Our
emphasis is in family law, wills and
probate, and personal injury.
Please click on the topics above for
details about these areas of practice,
including divorce, legal separation,
property division, child support, spousal
maintenance, parenting plans,
modifications, paternity, adoption,
wills, Community Property Agreements,
Durable Power of Attorney, and probate.
Our firm is conveniently located
in Renton, King County, Washington, just
off the freeway at the intersection of
I-405 and I-167. Our attorneys
represent clients throughout the State of
Washington, including the communities of
Renton, Kent, Tukwila, Seattle, Bellevue,
Auburn, Maple Valley, Federal Way, Des
Moines, Burien, SeaTac, Enumclaw and most
of south King County.
The free information contained
in these pages is not
intended to be legal advice, and does not
create an attorney-client relationship.
You should always consult with an
attorney before taking any action. Feel
free to call us at 425-255-4542.
