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Procedure for seeking custody of children under WA state child custody law

Asked over 3 years ago - Yakima, WA

Twelve years ago the mother of my kids and I separated and were addicted too drugs and alcohol. She had the boys for a while. Her being a mother was not good so my sister took custody of the boys as there legal guardian as i signed papers to agree. The court order says until I am ready and able to have them.

I am now ready and able and have told her that is my intention.
What must I do legally to get custody now?

Additional information
The court order gives non parental custody to her.
It states ..."I choose for my boys to stay with them, until a later time that I am able to provide for them".

That simple. I am able to provide for them now.

I need to know what I must do next in Washington state. Must I file a certain form with the county family court where it was initially issued? Do I petition for custody?
We are doing this somewhat amicably...so far.

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Attorney answers (1)

Thuong-Tri Nguyen

Reputation Level 20

Answered over 3 years ago. Family Law Attorney in Renton, WA.

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What you must do and can do depends on what had already happened.

If you can, you should get the entire court file. If your court is close by, you likely can just stop by and pay for noncertified copies. Then, you should find an attorney to review the court file with you. (You can talk with an attorney without your court file too. However, if the attorney has to go get the file, you likely will be charged money.)

With so much time gone by, the children may be almost 18 or at an age where the court will consider their opinions as to where they should live.

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