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Lawrence D. Gorin
Lawrence D. Gorin, Family Law Attorney
Category: Family Law
Satisfied Customers: 1509
Experience:  30+ years family law experience. QDROs, UIFSA, UCCJEA expertise.
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my wife and i lost our parental rights over 2 years ago due

Resolved Question:

my wife and i lost our parental rights over 2 years ago due to drug abuse. we have since been through treatment and have over 2 years of sobriety each. my parents stepped in and adopted our 2 boys. we all live in the same house currently. my wife and i want to move on with our lives by moving out of my parents with our boys. is this legal ? if not what do we need to do to make this possible? what are our rights?
Submitted: 5 years ago.
Category: Family Law
Expert:  Lawrence D. Gorin replied 5 years ago.
YOUR QUESTION:
     my wife and i lost our parental rights over 2 years ago due to drug abuse. we have since been through treatment and have over 2 years of sobriety each. my parents stepped in and adopted our 2 boys. we all live in the same house currently. my wife and i want to move on with our lives by moving out of my parents with our boys. is this legal ? if not what do we need to do to make this possible? what are our rights?
---- bothell, Washington

ANSWER:
     As a result of the adoption, you and the children’s mother ceased being the children’s parents (father and mother), at least in the eyes of the law. Consequently, you and your wife no longer have any legal rights as parents, nor any legal responsibilities. So far as the law is concerned, as a result of the adoption, your parents became the mother and father of your children. In sum, you are no longer the father of your children. Rather, you are your children’s bother. And your wife has no legal relationship to the children at all.

     The legal recourse for you and your wife is to now commence a proceeding to adopt the children from their existing parents. Assuming the existing parents give their consent to the adoption, there should be no problem (assuming the child protective services agencies and juvenile court no longer has any involvement in your lives). When the adoption is finalized, you and your wife, as the adopting parents, will then be in full control. But until the, control remains in the hands of the children’s existing parents (who also happen to be your parents as well).

================================
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Customer: replied 5 years ago.
I already know that we can adopt them but what I was asking is there a way we can do it as being guardians? Can we take the boys and move out with our kids with my parents consent? Can we enroll them in school and things like that or do we have to become gaurdians first?
Expert:  Lawrence D. Gorin replied 5 years ago.
YOUR FURTHER QUESTION:
I already know that we can adopt them but what I was asking is there a way we can do it as being guardians? Can we take the boys and move out with our kids with my parents consent? Can we enroll them in school and things like that or do we have to become gaurdians first?

FURTHER ANSWER:
     OK. Now I have a better understanding of what you are seeking to accomplish.

     First, YES, you can move out with your kids if that is OK with their parents (who are also your parents).

     Second, to maike it really legal, you should have your parents sign a Power of Attorney for Temporary Guardianship of Minor Child(ren).

A good form for this purpose is published by the Stevens-Ness Law Publishing Co. (headquartered in Portland).
It is Stevens-Ness From # XXXXX, titled:

Special Power of Attorney for Temporary Guardianship of Minor Child(ren)
The form is designed for use in Washington

http://www.stevensness.com/store/detail.cfm?fID=1037


Suggested cost is $1.50.

Closest Stevens-Ness distributor to Bothell is:
Commercial Office Supply
16120 Wood-Red NE, Ste 10
Woodinville, WA (NNN) NNN-NNNN

Call them in advance and make sure they have the form on hand before you drive over there.

Similar forms are available from other sources as well, but the usually cost a lot more.

https://theeasyforms.com/temporaryguardianship/?gclid=CP-_j-fk0ZkCFR0SagodYV2eug

http://www.findlegalforms.com/product/washington-power-of-attorney-for-the-care-of-children/

http://forms.lawguru.com/washington-power-of-attorney-for-the-care-of-children_p.html

http://www.legalformsmadeeasy.com/legal-forms-376-390-3976-WA-Limited_Non_durable_Power_of_Attorney_for_Child_or_Children_Care.htm

===========================
    Having answered your original question and now your follow-up questions(s), and assuming you are satisfied with the answer(s) and information provided, it is now time to so acknowledge by clicking the green “ACCEPT” button, if you have not already done so. And I thank you in advance for doing so.
Customer: replied 5 years ago.
How would we go about permanant guardianship? Can we or can we only do temporary guardianship? I thought temporary is just for a short period of time
Expert:  Lawrence D. Gorin replied 5 years ago.
YOUR FURTHER QUESTION:
     How would we go about permanant guardianship? Can we or can we only do temporary guardianship? I thought temporary is just for a short period of time

FURTHER ANSWER
     You can only get “permanent guardianship” through a court proceeding in which the court renders an order appointing you as guardian. Even then, it would really not be “permanent” since the court always has continuing authority to modify the terms of guardianship and/or terminate the guardianship in its entirety.

     The form that I suggested to you is temporary but can be successively and repeatedly renewed. And it does not involve any court proceedings. It is entirely between you and the children’s legal parents.

===========================
    Having answered your original question and now your follow-up questions(s), and assuming you are satisfied with the answer(s) and information provided, it is now time to so acknowledge by clicking the green “ACCEPT” button, if you have not already done so. And I thank you in advance for doing so.
Lawrence D. Gorin, Family Law Attorney
Category: Family Law
Satisfied Customers: 1509
Experience: 30+ years family law experience. QDROs, UIFSA, UCCJEA expertise.
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Lawrence D. Gorin
Lawrence D. Gorin
Family Lawyer
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30+ years family law experience. QDROs, UIFSA, UCCJEA expertise.