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Attorney & Mediator
Attorney & Mediator, Lawyer
Category: Family Law
Satisfied Customers: 20012
Experience:  Attorney & Certified Mediator
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Ive been helping raise a boy & have been doing so for

Resolved Question:

I've been helping raise a boy & have been doing so for 6 years. (he is 10 years old now) he has never met his biological father (past away) I'mm have been the only father figure in his life and has called me dad for almost all 6 years. His mother is one of the worst parents I 've ever met. I'm the one that goes to the parent teacher meeting and takes him to the DR or in some cases the ER. there have been two times where he needed medical treatment and she would't take him, I'd to take in to the ER for the one & CPS was called for the other in reguards to his teeth. he had to take a physical for the surgry that he needs. It was there that she just learned for the frist time that her son was never circumcised some thing that all parnets probablt know about their boys shortly after brith...took her 10 years to find out...& this soft of lack of intrest or care for him has been going for some time. legally is there any ways for me gain custody of him. i dont want to lose him to CPS.
Submitted: 8 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 8 years ago.
What relationship do you have to the mother?

Are you the step-parent by marriage?

Could you clarify why CPS is involved on what grounds?

What state do you live in?
Customer: replied 8 years ago.
Reply to LawNinvest's Post: Relationship- I am not marryed to her or have we dated I am a clsoe friend of the family, just been put in to a devorced parent role. i have him every weekend i care for his schooling and medical and i buy his school suppys as well as cloths.

CPS- they have been out to her house a few times. some tiems for leaving kids home alone, last of medical care the school told her she needed to take him to the deniest for an infection he had in his teeth. i didnt find that out until CPS showed up when i was droping him off.

I live in the State of Washington. and he is Native American
Expert:  Attorney & Mediator replied 8 years ago.
Thank you for your response.

In Washington a non parent can file for custody if they have sufficient connections to the child, such as a relationship and bond as a parent and child. The fact that you have been there for this child during the majority of his life and have had custody of him during the weekends, have attended his schooling and medical needs greatly enhances your legal standing to petition the court for non parent custody.

However, as CPS is now involved the dependency court will have jurisdiction as to who they will release the child to. This means that you may not be able to file for custody for the child while the CPS case is open. So in order to get "custody" of the child through the dependency system, you will need to work with the social worker to consider you for placement of the child. Typically in CPS cases the system would rather place with relatives first. The fact that you are not a relative can greatly impact your chances of getting custody.

If by chance the CPS case is closed and the child is released to his mother, then you would have the opportunity to file for non-parent custody of the child. If the CPS case is open all you can do is work with the social worker to consider you for placement. You may want to speak with an attorney who handles dependency cases to represent you to encourage the case worker to release the child to you in a guardianship role. Hopefully the caseworker will see your involvement in the child's life an agree with the guardianship petition for the child.


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Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are advised to speak with the appropriate legal counsel for accurate information. Thank you.

Attorney & Mediator and 2 other Family Law Specialists are ready to help you
Expert:  Attorney & Mediator replied 8 years ago.
Let me know if you need further help here. Thanks.

Please accept my answer for the work I have provided you and to close this window. Thank you for using Just Answer.

Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are advised to speak with the appropriate legal counsel for accurate information. Thank you.

Customer: replied 8 years ago.
Reply to LawNinvest's Post: Since he is Native American would this effect how it would be handled in a court as far as through the Trible Council or though a Trible court?
Expert:  Attorney & Mediator replied 8 years ago.
Thank you for your reply.

The process and placement consideration would be the same regardless that he is of Indian decedent, the only major thing the court would need to do is to provide notification to the Indian tribe and the tribe counsel would then be involved in representing the child's best interests which could mean another opinion beside the caseworker's in deciding placement issues for the child or placing the child in an IndXXXXX XXXXX care system.


Please accept my answer for the work I have provided you and to close this window. Thank you for using Just Answer.

Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are advised to speak with the appropriate legal counsel for accurate information. Thank you.


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