Comprehending Grandparents and Third-Party Custody/Visitation ArrangementsDecember 22nd, 2010 | Posted by in Uncategorized
You could think that quite a few couples who file for a dissolution of marriage within the state of Washington and also across the rest of the country disagree with regards to terms, yet the reality is that this is simply not the case. No more than 5% of divorce procedures throughout the United States will be contested, and so the matter of grandparents’ visitation rights, and also those of other third parties, is by and large a situation that’s not contentious. Most people will realize the reality that a child’s every day life is enriched through the participation of grandparents along with other members of the family, and so there is generally no reason for disagreement. The operative word here is “usually.”
You will find incidents when grandparents aren’t provided visitation rights voluntarily, and under certain situations they can have legal recourse. This particular subject is actually dealt with under Section 26.09.240 of the Revised Code of Washington, and there’s one fundamental aspect to this statute which needs to be fully understood. A grandparent or perhaps anyone else that feels as though they want to petition the court regarding visitation rights are only allowed to do this when a dissolution action has taken place, one is actually pending, when there’s a legal separation, or if a modification of a current parenting plan is being requested. And so a 3rd party can only seek visitation rights if the parents of the children aren’t with each other and the family group isn’t intact.
The court will probably rule on a grandparents or any other third party visitation question based upon what’s thought to be in the interest of the child. The principal points which will be taken into account are the extent of the connection between the person / persons and the children, the dynamics of the relationship between grandparents/third party and also the parental caregivers, and the reasons why one or both of the mother and father will not provide visitation rights voluntarily.
Under Washington state law grandparents and also other interested third parties can legally try to get custody of a dependent child or children. One justification for doing this is going to be what’s called “adequate cause.” This will require proving that the father and mother were unfit by lawful definition. The other reason could be “de facto,” and this could be relevant in situations when the child or children involved had actually been under the care of the petitioner for a long-term time frame.
When you have questions or worries regarding grandparents and third-party custody/visitation, contact a Tacoma family attorney to request a complimentary consultation. A good family law lawyer Tacoma will provide you with the assistance you may need with any aspect of a Tacoma WA divorce.
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