Child Custody News

General Information About Nonparental Custody

Washington has pattern legal forms you must use in nonparental custody and other family law cases. These are the instructions to assist you in filling out the nonparental custody pattern forms. There are many more forms in the domestic relations forms packet than you will need for a custody action.

These instructions are divided into two parts. The first part of these instructions provides general information about custody. Part II contains instructions for filling out the forms for a nonparental custody action. "Custody" means the child will live with you a majority of the time. Instructions for responding parties are also included.

These forms are appropriate for use by a child's grandparents, aunts and uncles, etc., and non-family members who seek custody of a child who is not their own. A father or mother should not use these forms to seek custody or visitation with their child. If the child's mother and father were never married, they should use the parentage forms under chapter 26.26 RCW, included as part of the domestic relations forms packet. If the mother and father are married, or were married, the dissolution of marriage forms under chapter 26.09 RCW are used for custody and visitation.

If the nonparent and parents agree on the change in custody, they can skip most of the paperwork and can go directly to the simplified instructions that follow. In short, if the child's parents or custodian agrees with the nonparent's petition for custody, they need to indicate this agreement on the court orders. These can then be presented to the court as "agreed orders" for approval without a formal hearing.

A person other than a parent may petition the court for custody of the child only if the child is not in the physical custody of one of its parents or if the petitioner alleges that neither parent is a suitable custodian. See RCW 26.10.030. To ask the court for custody of the child, use the forms and follow the instructions for an action for nonparental custody.

To help develop the facts needed to decide the case, the court may order an investigation and report concerning custodian arrangements for the child, or may appoint a guardian ad litem, or both. RCW 26.10.130.

If the court orders custody for a person other than the parent the court may also establish a residential schedule and set an amount of child support

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	Did You Know?
	In New York, a demand for custody is mandatory in divorce actions. Where there are children of the marriage residing in New York State and under the age of 18, a demand for custody is mandatory in divorce actions. Where the children reside outside New York State custody may not be determined, except in some instances by stipulation. Custody may not be awarded to a person other than the father or mother, except under unusual circumstances which require a hearing. Children under the age of 21 must be supported by both parents to the extent that they are able to support the children under the provisions of the Child Support Standards Act. Click Here to Find a Nationwide Child Custody Attorney to Handle your Child Custody Case Today!