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Washington Temporary Orders in a Non-Parental Custody Case: Instructions

State:
Washington
Control #:
WA-SKU-0975
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Temporary Orders in a Non-Parental Custody Case: Instructions

Washington Temporary Orders in a Non-Parental Custody Case are orders issued by a judge during a court hearing to provide temporary custody arrangements until a permanent arrangement is established. These orders may be requested by a non-parent seeking custody of a child, and the court may grant the orders if it finds that the best interests of the child would be served by granting the orders. There are two types of Washington Temporary Orders in a Non-Parental Custody Case: 1. Physical Custody: This type of order provides a non-parent with the right to have physical custody of the child until a permanent arrangement is established. This order may include specific instructions regarding where the child will live, who will have primary care and control of the child, and visitation or contact with the other parent or other family members. 2. Guardianship: This type of order provides a non-parent with the right to make decisions regarding the child's care and upbringing until a permanent arrangement is established. This order may include specific instructions regarding the child's education, health care, and other important matters. Washington Temporary Orders in a Non-Parental Custody Case are typically issued with the expectation that the temporary arrangement will be in the best interest of the child, and that the temporary order will eventually be replaced by a permanent custody arrangement.

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FAQ

In Washington, unmarried fathers have access to the same parenting rights as mothers, but they must first establish paternity. This is a legal process meant to establish that a man is the biological father of a child.

To file for temporary emergency custody, a parent must file the Motion for Immediate Order (Ex Parte) ? Emergency Minor Guardianship and Restraining Order with the Superior Court Clerk. Each Washington county will have different local court rules.

There is no set age at which a child can refuse visitation in the state of Washington. The courts will never sanction a parent if they have an independent child who simply refuses to visit the other spouse. If a parent is preventing visits, the judge can enforce the visitation order or even hold the parent in contempt.

When a parent is awarded primary physical custody of a child (custodial parent), the other (noncustodial) parent will have regular visitation rights under Washington's child custody guidelines. At a minimum, the noncustodial parent must receive one weeknight visit and every other weekend.

When no emergency exists the legal avenue for obtaining a custody order (or parenting plan) is filing a motion for temporary orders. In a nutshell, you would file your moving papers and schedule a hearing date with the Court. The difference is that there is no order in place pending the hearing date.

Emergency Minor Guardianships usually only last for 60 days, so if you need a long-term order, you will also need to file for Minor Guardianship.

The temporary parenting plan will dictate who the child will reside with, parenting time, and child support. Child support in Washington state is vital in helping to ensure your child's financial security. They are being affected by the divorce process just as well as you are.

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).

More info

A custody case is one type of court case that can be filed to determine the rights and responsibilities of both parents towards their child. A court may take a long time to issue a final custody order, so it may provide for temporary custody arrangements in the meantime.Temporary Child Support: A judge can set temporary child support based on the temporary custody and visitation schedule. How long do temporary orders last? In most cases, parents can make their own agreements for custody and visitation (parenting time). Custody Order issued in a parentage-related case. This packet can also help if your original parentage case is final, but you or the other parent. If the child's parents are separated and one parent seeks a custody order, that parent must have the papers served upon the other parent. To finish a contested SAPCR, you must set your case for final hearing and give the other parent at least 45 days' notice of the hearing. What if I need a custody order before my final hearing or trial?

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Washington Temporary Orders in a Non-Parental Custody Case: Instructions