Originally Posted by
AK lawyer
OK. But the statutes I referenced earlier suggest that Washington does allow it. So ask for custody of the step-children in Washington or 6 months months after they arrived there, when Washington becomes their "home state", and of the unborn child when he is born.
I read it in this way:
RCW 26.10.160(3)
Any person may petition the court for visitation rights at any time including, but not limited to, custody proceedings. The court may order visitation rights for any person when visitation may serve the best interest of the child whether there has been any change of circumstances.
RCW 26.09.240
(1) A person other than a parent may petition the court for visitation with a child at any time or may intervene in a pending dissolution, legal separation, or modification of parenting plan proceeding. A person other than a parent may not petition for visitation under this section unless the child's parent or parents have commenced an action under this chapter...
(3) A petition for visitation or a motion to intervene pursuant to this section shall be dismissed unless the petitioner or intervenor can demonstrate b
y clear and convincing evidence that a significant relationship exists with the child with whom visitation is sought...
(4) The court may order visitation between the petitioner or intervenor and the child between whom a significant relationship exists upon a finding supported by the evidence that the visitation
is in the child's best interests.
In sum, these statutes allow for any third party to petition for visitation with any child involved in any family law proceeding; and such visitation shall be granted upon a requisite showing of a significant relationship between the petitioner and the child, and that said visitation is in the child's best interest.
Under In re Parentage of M.F.. /
http://caselaw.findlaw.com/wa-suprem...t/1520270.html / the Washington Supreme Court has acknowledged a limited common law or "equity" right of third party visitation if the petitioner can meet the standard of
"de facto" parent. The announced test for de facto parentage is that a person who has fully and completely undertaken a permanent, unequivocal, committed, and responsible parental role in the child's life, may petition for de facto parent status, the elements of which are: (1) the natural or legal parent consented to and fostered the parent-like relationship, (2) the petitioner and the child lived together in the same household, (3) the petitioner assumed obligations of parenthood without expectation of financial compensation, and (4) the petitioner has been in a parental role for a length of time sufficient to have established with the child
a bonded, dependent relationship, parental in nature.
Oooopsss-
Originally Posted by
koolbreeze73
My wife and I have been together for a yr.
Under Subsection 26.10.030 of the Revised Code of Washington, such an action may
only be initiated if the child is not living with either parent. If a child is living with a parent, then the third party seeking custody must prove that neither parent is fit to care for the child in order to start a legal action.
In re M.F. a six-member majority from The Supreme Court of Washington ruled that a stepparent cannot be a de facto parent. And that a court must decide whether the de facto parentage doctrine applies before applying the factors used to determine if someone is a de facto parent. The court found that it could not apply to a step-parent, at least not when the child already has two legal parents.
That was the reason for me/ similar in GA/ when I said that CPS would be involved and it may lead to all children to be placed in foster care. That's the way the system works.
AK lawyer- I assume you did not catch the clue-
Originally Posted by
koolbreeze73
... it says she pays me 424$and a month... a deviation of 450 Still has her paying me 380$ a month.
The OP wants rights but
he expects to be paid to exercise his rights. Even if he prevails for step-parent visitation, he will have to pay to exercise it and that is what that OP does not like to hear
never more! The OP thinks he is entitled to get what he wants to get notwithstanding all other conditions.And even more- moving away breaks federal laws/?? /
I think you will agree with me that visitation schedules must be arranged by the parents. If that is not possible then the court will arrange a schedule and the parties must follow it.
When a parent resides a great distance from the other parent
, different factors must be addressed to provide visitation. The issues involve considerations of age of the child(ren),
distance, manner and cost of transportation, and other considerations unique to each parent.