WA state child custody laws, who has more rights to primary child custody, mother or father

WHO HAS MORE RIGHTS: we have our 3 year old granddaughter living with us. mother in womens correction center for 18. indentity theft. she is married, no fahter on birth certificate and she gave us power of attorney. do we have any rights over the dad? - Is this your question? Add additional information
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Answers (2)

MERRILL

DOES THE FATHER, NOT LISTED ON BIRTH CERTIFICATE HAVE RIGHTS EVEN WITH OUR POWER OF ATTORNEY?
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Thuong-Tri Nguyen

Thuong-Tri Nguyen

Contributor Level 9
If the father wants to file a petition to determine paternity, he likely has that right.

The court will determine paternity and if needed, determine who will have custody of the child.

Assuming the court determines the father is the legal father, unless the court finds the father to be unfit as a parent or otherwise living with the father would not be in the best interest of the child, the court likely will order that the child lives with the father since the mother is in prison.

You likely should review your facts and options with an attorney.
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