Filing For Temporary Custody In Washington State

State:
Washington
Control #:
WA-0865-08
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Word; 
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This is an official Washington court form for use in a child custody case, a Temporary Custody Order (Nonparental Custody). Available in Word and Rich Text format.

Filing for temporary custody in Washington state is a legal process that involves requesting temporary care and responsibility for a child or children. Temporary custody may be sought during ongoing legal proceedings, such as divorce or separation, or in emergency situations where a child's safety or well-being is at immediate risk. Here are some important aspects and relevant keywords related to the process of filing for temporary custody in Washington state: 1. Petition for Temporary Custody: To initiate the temporary custody process, a parent or legal guardian must file a "Petition for Temporary Custody" with the appropriate Washington state family court. This document outlines the reasons for seeking temporary custody and presents evidence supporting the request. 2. Temporary Parenting Plan: Alongside the petition, a "Temporary Parenting Plan" may need to be filed, outlining how the child's living arrangements, visitation schedule, and decision-making responsibilities will be temporarily allocated. 3. Washington State Court Jurisdiction: It's essential to understand that Washington state courts only have jurisdiction over temporary custody matters if the child has lived in Washington for the consecutive six months preceding the filing or if Washington was the child's "home state" before their removal by a parent or guardian. 4. Family Law Proceedings: Filing for temporary custody is commonly associated with ongoing family law proceedings, such as divorce, separation, or child custody disputes. These legal matters determine the best interests of the child and make long-term custody arrangements. 5. Emergency Custody Orders: In urgent situations where a child is facing immediate harm or danger, an emergency custody order may be sought. This can be filed outside regular business hours or on weekends to ensure the child's safety until a formal court hearing can take place. 6. Proving Fitness and Best Interests: When filing for temporary custody, it is crucial to demonstrate to the court that granting temporary custody is in the best interests of the child. Factors such as the child's current living situation, the stability and capability of each parent or guardian, and the child's relationship with each party will be considered. 7. Duration of Temporary Custody: Temporary custody orders can last until a final custody determination is made in the ongoing family law proceedings or until a specific date set by the court. The duration varies based on the circumstances of each case. 8. Joint or Sole Custody: Temporary custody can be awarded on a joint or sole custody basis. Joint custody allows both parents or parties to continue making decisions regarding the child's welfare, while sole custody grants one parent or party primary decision-making authority. 9. Visitation and Parenting Time: Temporary custody orders may also establish visitation or parenting time schedules for the non-custodial parent or guardian. These arrangements ensure that the child maintains a relationship with both parents whenever possible. 10. Legal Representation: It is advisable to seek legal counsel from a qualified family law attorney experienced in Washington state custody laws when filing for temporary custody. An attorney can guide you through the process, help prepare necessary documents, and represent your interests in court. Remember, the information provided here serves as a general guide, and it is essential to consult with a legal professional who can provide specific advice tailored to your situation when filing for temporary custody in Washington state.

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FAQ

An emergency order is a type of temporary order. To get one, you must provide evidence that your child faces immediate danger or risk of abduction. Within hours or days of submitting a well-founded request for an emergency order, you'll have a hearing without the other parent (called an ex parte hearing).

When filing a parenting plan, you must pay a filing fee and a photocopying fee. You may also need to pay a fee to have the other spouse served with the paperwork. While the filing fee can cost anywhere from $200 to $350, you can file a special form to avoid the fee if you cannot afford to pay it.

In Washington State, who has custody of a child when the parents are not married? ? In Washington State, when two unmarried parents have a child, custody defaults to the mother. However, if paternity is established for the father, his rights as a parent will hold equal weight in court.

To start the case, file with the clerk of the superior court, the completed original Petition for Modification/Adjustment of Custody/Parenting Plan/Residential Schedule, Summons, Confidential Information Form, and Child Support Schedule Worksheets and the Sealed Financial Source Documents cover sheet, with financial ...

Who can get an emergency custody order? Usually a parent may request an emergency temporary child custody when the other parent presents an immediate danger. Substance abuse by a parent, abandonment, and other reckless or threatening behavior often constitute grounds for a court to issue an emergency custody order.

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Whether it is during a divorce process, for emergency purposes, or due to deployment, a court may have to order temporary child custody. Use this form if you cannot wait until the hearing on your Emergency Minor Guardianship Petition.Our lawyers are often available 7 days per week to prepare and file for emergency relief. Washington State has laws that regulate under what circumstances an Emergency Order can be filed. If you require emergency assistance with a child custody matter, contact our office immediately at (360) 9535000. Full custody makes one person the custodial parent, but the other usually has visitation rights. File your petition in the appropriate court. Temporary orders provide you and your spouse with ground rules to follow while you're sorting out the permanent parts of your divorce. To make any of these requests, you must file a "motion" (request) asking the court to do what you want. 24-May-2023 — File your petition in the appropriate court.

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Temporary Custody Order Washington State