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Dv on both sides of parents and both have prior Cps

Customer Question
Dv on both sides...

Dv on both sides of parents and both have prior Cps involvement who is more likely to get custody a family friend or relative or the parents ?

Lawyer's Assistant: Family law varies by state. What state are you in?

Washington state

Lawyer's Assistant: Have you talked to a lawyer yet?

What do judges look for in who is right for kids Yes I had brief free consultation Not much help

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Idk

Submitted: 8 months ago.Category: Family Law
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9/22/2017
Family Lawyer: LegalGems, Lawyer replied 8 months ago
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 12,974
Experience: Experienced Family Law Attorney
Verified

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Customer reply replied 8 months ago
the father currently has a DV misdemeanor case for trying to commit Suicide in front of the kids and the mom has a prior DV from an ex boyfriend Cps did not take kids however father placed kids with his ex girlfriend who has emotional attachment to the kids
Customer reply replied 8 months ago
My question is what should the mom do if she is a current law abiding citizen and has no current cases or court going on
Family Lawyer: LegalGems, Lawyer replied 8 months ago

Preference is typically given to qualified relatives over family friends; there is a statutory preference for this -please see:

http://apps.leg.wa.gov/RCW/default.aspx?cite=13.34.130

https://www.childwelfare.gov/topics/systemwide/laws-policies/statutes/placement/

That pertains to CPS cases.

In order for a third party (relative or friend) to obtain third party custody of a child, that requires a court order. Consideration may be given to the parent's preferences but the court will try to do what is in the child's best interests.

As between the 2 parents, the court would decide custody and visitation based on the best interests of the child. Current valid DV cases are given more consideration/weight than older DV cases, if they are of the same magnitude.

The court will consider the following factors:

(a) The love, affection, and other emotional ties existing between the parties involved and the child.

(b) The capacity and disposition of the parties involved to give the child love, affection, and guidance and to continue the education and raising of the child in his or her religion or creed, if any.

(c) The capacity and disposition of the parties involved to provide the child with food, clothing, medical care or other remedial care recognized and permitted under the laws of this state in place of medical care, and other material needs.

(d) The length of time the child has lived in a stable, satisfactory environment, and the desirability of maintaining continuity.

(e) The permanence, as a family unit, of the existing or proposed custodial home or homes.

(f) The moral fitness of the parties involved.

(g) The mental and physical health of the parties involved.

(h) The home, school, and community record of the child.

(i) The reasonable preference of the child, if the court considers the child to be of sufficient age to express preference.

(j) The willingness and ability of each of the parties to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent or the child and the parents.

(k) Domestic violence, regardless of whether the violence was directed against or witnessed by the child.

(l) Any other factor considered by the court to be relevant to a particular child custody dispute.

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Family Lawyer: LegalGems, Lawyer replied 8 months ago

Hello again; just checking in to see how things worked out;

If you have no further questions a positive rating is most appreciated (at no additional cost to you) and allows the site to credit my account for the time spent assisting you!

if you have further questions please don't hesitate to reach out to me here on Just Answerand I will do my best to get you the requested information.
Thanks!

The above information is for educational purposes only. A consultation with a private attorney is recommended so they can apply the law to your specific facts, and suggest the best course of action. An attorney can be located here:
http://www.americanbar.org/groups/public_education/public-information/how-do-i-find-a-lawyer-.html
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Customer reply replied 8 months ago
Moms DV case less magnitude then the fathers DV case and would both parties have to agree to a third party for custody or does the court just decide not to give custody to both parents ?
Family Lawyer: LegalGems, Lawyer replied 8 months ago

No, the parents do not need to consent to third party custody; rather the third party would need to prove the parents are unfit or the placement with an otherwise fit parent would negatively affect the child's growth and development.

Questions?

Post here please

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kindly rate positively!

all information is legal

information only and

does not constitute

specific legal advice

or a particular course

of action. Thank you.

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Family Lawyer: LegalGems, Lawyer replied 8 months ago

Did you have any other questions on the above? I will be leaving the office shortly. Thank you!

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Family Lawyer: LegalGems, Lawyer replied 7 months ago

Hello again; just checking in to see how things worked out;

If you have no further questions a positive rating is most appreciated (at no additional cost to you) and allows the site to credit my account for the time spent assisting you!

if you have further questions please don't hesitate to reach out to me here on Just Answerand I will do my best to get you the requested information.
Thanks!

The above information is for educational purposes only. A consultation with a private attorney is recommended so they can apply the law to your specific facts, and suggest the best course of action. An attorney can be located here:
http://www.americanbar.org/groups/public_education/public-information/how-do-i-find-a-lawyer-.html
Terms of service can be viewed here:
http://ww2.justanswer.com/terms-service-0#information

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