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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11842
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I have tried to consult with other attorneys about this but

Customer Question

I have tried to consult with other attorneys about this but so one seems to know what to do. I am an attorney in Washington and represent a dad who is imprisoned . I represent him in a third party petition ( dad as respondent) maternal grandma is seeking custody ( mom died in Jan 2015) Dad is married and now that step mom has appropriate housing for the 9 year old boy with whom she has a mother-son relationship w she would like to file her own Third party petition ( dad agrees) what to do ? She was not in a position to file TPP when grandma filed hers due to lack of appropriate housing
Apparently no other lawyer in Washington history has had this situation lol
Submitted: 1 year ago.
Category: Family Law
Expert:  FamilyAttorney replied 1 year ago.

Hello, I am a NY licensed attorney but I've had similar cases in NY where people are fighting for custody of the child. Do you need a Washington State attorney to answer this question?

Expert:  FamilyAttorney replied 1 year ago.

I would need to know how long dad is expected to be in prison and if there is any indication when he will get out. Also, under the rule for grandparent custody in Washington also seems to be to allow other third partes. What is the relationship with the stepmom? I think that will be important also.

Expert:  FamilyAttorney replied 1 year ago.

When I mean relationship, I am talking about the relationship between the boy and the stepmom. Is there a bond there? How strong?

Expert:  FamilyAttorney replied 1 year ago.

Anne, I'm coming across things that seem to indicate that these are thorny issues in Wash because of Troxel. Is it true litigants have not quite tested the waters after Troxel so there isn't really much precedent now in Wash about others' rights because of that case?

Expert:  FamilyAttorney replied 1 year ago.

As you know this is under Title 26.10, the non-parent filing of custody

Title 26 RCW 26.10.030, and the way it reads, it discusses serving the parent :

(2) Notice of a child custody proceeding shall be given to the child's parent, guardian and custodian, who may appear and be heard and may file a responsive pleading. The court may, upon a showing of good cause, permit the intervention of other interested parties.

Expert:  FamilyAttorney replied 1 year ago.

Anne, please let me know what additional information you need. I'm not finished with my answer because I'm sure there is more informtion you can give me so that I can give you more information. If you can provide answers to the questions I asked it would be helpful for me to give you a complete answer. Thanks!