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Submitted by DakotaLegal on
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Submitted by DakotaLegal on
There are many key questions, and how these questions are answered will affect the legal status of four people: you, the child, the mother, and the child’s biological father. Because of the many ways these four people may be involved, or in conflict, the best thing to do is probably to get legal custody from the courts. Depending on your ability to pay for legal advice, you may be eligible to get low-cost or even free legal help to look over the “notarized” paper. http://www.ocla.wa.gov/. Generally, however, having something notarized is usually not all that more meaningful than an un-notarized paper. In short, attempting to give “custody” is usually a legal process while guardianship may be arranged (usually for a specific period of time) between private parties. Guardianship, in other words, does not give custody. The biggest issue, testing any such placement relationship, is…
The Child’s Best Interests
The beginning point is the best interests of the child. This means some degree of certainty about where he is living, and all the choices that go with it (school medical care, friends, personal possessions, secure family structure). I’d be interested in finding out if the child has had nay history of abuse or neglect. This is even suggested by the circumstances of a parent being willing to relinquish custody.
You might chose to work with the State’s protective services, DSHS. Here’s what DSHS says about getting guardianship… http://www.adsa.dshs.wa.gov/pubinfo /legal/guardianship.htm. I caution people, however, about the possibility of opening an unknown can of worms with state case workers right away: unless you believe there has been abuse. Instead, try and get up to speed with how the DSHS system works. Specifically, I’d recommend you read the DHS guide to adoption and how the “system” reviews them.
The Mother’s Motives
I assume you have a history of a strong friendship with the mother. Perhaps you know everything that has brought her to this point. So far, though, it does not seem as though the guardianship has necessarily been well thought out by the mother, so you’re being very wise to look at your options.
The mother may also be losing important legal rights by letting you have “custody” as she puts it. Is she abandoning the child? This may diminish her rights, while not necessarily giving you any lasting rights. http://apps.leg.wa.gov /wac/default.aspx?cite=388-15-011.
The Child’s Biological Father
Has there been a custody order between the mother and father? You can do a public records search and see what the custody order has been. This is a pivotal issue, possibly involving worries about actual custody or even the possibility of safety concerns…not involving your own family. The father may well be able to defeat the custody request.
Your Own Rights
If you end up working with the Washington State DHS, you will be ready to prove the solidity of your care. Keep a journal, noting specific steps to address any behavioral issues. I like to remind people this is not a personal, emotional diary, but a “by the facts” kind of short journal: emphasizing medical appointments, the schedule you maintain, and any conversations with the mother.
The keys for your interests have to be your existing family unit, your own goals in how this new child would fit into your family, and the possibilities of risks from an unstable family. Finally, you may have a legal right to file for custody in Washington. http://apps.leg.wa.gov /rcw/default.aspx?cite=26.10.030. Deciding when to do this can be a pivotal decision.
There are many key questions, and how these questions are answered will affect the legal status of four people: you, the child, the mother, and the child’s biological father. Because of the many ways these four people may be involved, or in conflict, the best thing to do is probably to get legal custody from the courts. Depending on your ability to pay for legal advice, you may be eligible to get low-cost or even free legal help to look over the “notarized” paper. http://www.ocla.wa.gov/. Generally, however, having something notarized is usually not all that more meaningful than an un-notarized paper. In short, attempting to give “custody” is usually a legal process while guardianship may be arranged (usually for a specific period of time) between private parties. Guardianship, in other words, does not give custody. The biggest issue, testing any such placement relationship, is…
The Child’s Best Interests
The beginning point is the best interests of the child. This means some degree of certainty about where he is living, and all the choices that go with it (school medical care, friends, personal possessions, secure family structure). I’d be interested in finding out if the child has had nay history of abuse or neglect. This is even suggested by the circumstances of a parent being willing to relinquish custody.
You might chose to work with the State’s protective services, DSHS. Here’s what DSHS says about getting guardianship… http://www.adsa.dshs.wa.gov/pubinfo /legal/guardianship.htm. I caution people, however, about the possibility of opening an unknown can of worms with state case workers right away: unless you believe there has been abuse. Instead, try and get up to speed with how the DSHS system works. Specifically, I’d recommend you read the DHS guide to adoption and how the “system” reviews them.
The Mother’s Motives
I assume you have a history of a strong friendship with the mother. Perhaps you know everything that has brought her to this point. So far, though, it does not seem as though the guardianship has necessarily been well thought out by the mother, so you’re being very wise to look at your options.
The mother may also be losing important legal rights by letting you have “custody” as she puts it. Is she abandoning the child? This may diminish her rights, while not necessarily giving you any lasting rights. http://apps.leg.wa.gov /wac/default.aspx?cite=388-15-011.
The Child’s Biological Father
Has there been a custody order between the mother and father? You can do a public records search and see what the custody order has been. This is a pivotal issue, possibly involving worries about actual custody or even the possibility of safety concerns…not involving your own family. The father may well be able to defeat the custody request.
Your Own Rights
If you end up working with the Washington State DHS, you will be ready to prove the solidity of your care. Keep a journal, noting specific steps to address any behavioral issues. I like to remind people this is not a personal, emotional diary, but a “by the facts” kind of short journal: emphasizing medical appointments, the schedule you maintain, and any conversations with the mother.
The keys for your interests have to be your existing family unit, your own goals in how this new child would fit into your family, and the possibilities of risks from an unstable family. Finally, you may have a legal right to file for custody in Washington. http://apps.leg.wa.gov /rcw/default.aspx?cite=26.10.030. Deciding when to do this can be a pivotal decision.