Child Custody News

How to Start an Action for Nonparental Custody

These instructions are for actions for nonparental custody of a dependent child. Generally, a child ceases to be "dependent" when he or she reaches age 18 and is not mentally or physically disabled. If a child is not dependent there are no legal proceedings to establish custody or visitation.

To start an action for nonparental custody, you should have the following forms:

(1) Nonparental Custody Petition (WPF CU 01.0100)

(2) Summons for Nonparental Custody Proceeding (WPF CU 01.0200)

(3) Confidential Information Form (WPF DRPSCU 09.0200)

(4) Addendum to Confidential Information Form (WPF DRPSCU 09.0210, if needed)

(5) Return of Service form (WPF DR 01.0250)

(6) Response to Nonparental Custody Petition (WPF CU 01.0300)

(7) Findings of Fact and Conclusions of Law (Nonparental Custody) (WPF CU

02.0100)

(8) Nonparental Custody Decree (WPF CU 02.0200)

If your case is contested and will take several months to resolve, you may use the following forms to request temporary orders that will be effective until the final hearing [There are separate instructions for asking for temporary orders]:

(9) Motion and Declaration for Temporary Nonparental Custody Order

(WPF CU 03.0100) or

(10) Motion/Declaration for an Ex Parte Restraining Order and for an Order to Show

Cause (Nonparental Custody) (WPF CU 03.0150) and

(11) Law Enforcement Information Sheet (WPF CU 03.0180). (If you are requesting

a restraining order.) and

(12) Ex Parte Restraining Order/Order to Show Cause (Nonparental Custody)

(WPF CU 03.0170) or

(13) Temporary Custody Order (WPF CU 03.0200)

If the court awards temporary or permanent nonparental custody, you may need to complete the following forms (the same forms are used for temporary and permanent orders):

(14) Residential Schedule (WPF CU 01.0450)

(15) Washington State Child Support Schedule Worksheets (included in the domestic

relations forms)

(16) Sealed Financial Source Documents (cover sheet) (WPF DRPSCU 09.0220)

(17) Order of Child Support (WPF CU 01.0500)

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	Did You Know?
	In New York, a demand for custody is mandatory in divorce actions. Where there are children of the marriage residing in New York State and under the age of 18, a demand for custody is mandatory in divorce actions. Where the children reside outside New York State custody may not be determined, except in some instances by stipulation. Custody may not be awarded to a person other than the father or mother, except under unusual circumstances which require a hearing. Children under the age of 21 must be supported by both parents to the extent that they are able to support the children under the provisions of the Child Support Standards Act. Click Here to Find a Nationwide Child Custody Attorney to Handle your Child Custody Case Today!