Is it possible in Washington to give your Aunt temporary custody of your daughter, without signing any legal paperwork?

Asked over 1 year ago - Auburn, WA

Well right now I am waiting on getting my apartment, and once I have my apartment. I will have a stable place for my daughter and I. I also have a job so I am okay with the money situation. I gave my daughter to my aunt till I could get a place and a job, and I have the job and I should have a place by the end of this week. So is it possible for my aunt to go and withdraw the legal paperwork that I signed for temporary custody and have it just be arranged family care without the court involved. Mind you we haven't even had a court date yet about legalizing the temporary guardianship yet. I am also going to go to parenting classes just so I can get the extra help.

Attorney answers (2)

  1. Donald John-Mark Kenney

    Pro

    Contributor Level 9

    1

    Lawyer agrees

    Answered . It sounds like you have already initiated a court process. Since you have already done so, there is a proper procedure for withdrawing from that process. If you do so, and your Aunt will still care for your daughter temporarily, you can execute what is called an "in loco parentis" authorization for your aunt. It is akin to a power of attorney, but can and should be used sparingly and for only short, temporary situations. Also if CPS has been or is involved you should strongly consider using an attorney. For the withdrawal from the court process and the proper creation of an in loco parentis document i also strongly recommend you use a qualified attorney.

  2. Jonathan William Milstein

    Contributor Level 11

    Answered . Donald is correct. The petition would need to be dismissed and time may be of the essence. Contact an attorney who knows this stuff. The document Donald is referring to needs to be done by an attorney to ensure it is done correctly.

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