Legal Question in Family Law in Washington

NONParental Custody

Its my understanding that Nonparental custody gives relatives the chance to take custody of Children without the parents getting their rights terminated..

Is it possible to get nonparental custody when there is a dependecy action with the States CPS?

Iam the gaurdian(grandmother) approved by CPS, and Im considering taking this step and monotoring the parents treatments needed to get their kids back, however I would like to take temp custody of the kids without the rights of the parents being terminated hanging over the parents head.. The parents do not object this action, if its an option


Asked on 8/09/04, 4:52 pm

1 Answer from Attorneys
Elizabeth Powell ELizabeth Powell PS Inc

Re: NONParental Custody

You are in a position to petition for non-parental custody because there is a pending CPS dependency action. This is one of the most hotly contested areas of the law at present, and Washington State is one of the jurisdictions least likely to grant non-parental custody. This is not temporary, it is a permanent step. In order to subsequently modify an order of non-parental custody your grown shild would need to show substantial change of circumstance - NOT in her life, but in yours and in the child's. However, dependencies heading off into terminations are resolved sometimes by placement with a collateral relative. I'd need to know more to be more specific.

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Answered on 8/09/04, 7:41 pm


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