Legal Question in Family Law in Washington

Non-Parental Custody/He left can I get child support

My ex-fiane and I have non parental custody of my cousin. We have been this childs parents for 7yrs (he is 8). My ex has decided in the past 6 months that he is just going to ''walk away'' from the child. Can I get child support from him? also can take him to court & get a parenting plan? I know that he loves this child but his new girlfriend doesn't, I would like make him see the child for at least 2 hours a week. He was not forced to sign the custody papers & has been ''dad'' for 7 yrs. I would also like him to attend counseling with our son do I legally have an right to do any of these things?


Asked on 5/22/06, 5:38 pm

2 Answers from Attorneys

James Vasquez In Pacta, PLLC

Re: Non-Parental Custody/He left can I get child support

You could definitely try, if he has signed any document which provided custodial rights to him, it may be possible to treat him as the child's parent eventhough technically he is not. Where are the child's biological parents? They would have resposibility here as well?

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Answered on 5/22/06, 5:43 pm
Christopher Steuart IT Forensics, Inc.

Re: Non-Parental Custody/He left can I get child support

Without reviewing the custody order, I could not make a firm commitment on your ex-fiance's obligations under the order, but whatever it says is almost certainly enforceable (there are exceptions, but I suspect they don't apply . If I were your ex-fiance's attorney I would have counseled to petition the court to lift the order rather than try to walk away from it. This is a challenging situation, especially in light of recent litigation on "de facto parents" and that the primary consideration in the law of "de factor parents" is the welfare of the child and the importance of established relationships to children. I'd very much like talk with you to find out more about this situation.

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Answered on 5/23/06, 5:24 am


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