Horenstein Family Law Blog
Non Parent Custody and Visitation
Posted: May 24, 2010
The State of Washington has been at the national forefront on the issue of the rights of non parents to have custody or visitation with children.
Two cases from the State of Washington went to the United States Supreme Court on this issue and there have been many subsequent cases decided by our state trial courts, Courts of Appeal and Supreme Court.
The issue of whether non parents can obtain legally enforceable rights to see children is complicated, ever changing, case specific and as you can imagine, full of emotion.
When a close friend, aunt or uncle or grandparent is all of a sudden cut off from contact with a child with whom that person has had a close and perhaps even parent like relationship, it can be devastating for everyone.
Suffice it to say, it seems the courts are continuing to narrow the rights of non parents to have legally enforceable time with children – even stepparents who may have developed a parent like relationship with the child over a long period of time.
The reason for this is the constitutionally protected right of a parent to control the life of his or her child, without interference.
Because these cases are so fact specific and because the law is ever changing, if you are involved in a situation where a non parent is attempting to obtain legally enforceable rights to see child (either as the parent or the non parent), it is best that you obtain legal advice as early in the process as possible as legal posturing can occur very early in these cases that can substantially affect the outcome.
Disclaimer: This blog is written and published by The Scott Horenstein Law Firm and primarily written by Dru S. Horenstein for educational purposes only, i.e. to give information and a general understanding of Washington family law, not to provide specific legal advice. The information provided by this blog should not be used as a substitute for legal advice from a licensed attorney in your state. Dru S. Horenstein is licensed to practice law in the State of Washington only.
You should not use the information in this blog to determine how your own legal case would be resolved. Every legal case is different and the smallest difference in facts between one case and another can alter the outcome and affect the legal advice you would receive from an attorney retained to represent you.
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Some material contained in this blog is general in nature and may not reflect the current laws of the State of Washington. The author of this blog does not necessarily support the views expressed in all articles contained herein and cannot guarantee their accuracy.
The inclusion of material from identified sources is for educational purposes only and is not intended to infringe on the copyrights of the identified sources.
The Scott Horenstein Law Firm, PLLC provides experienced legal counsel to clients with family law and personal injury needs in Washington. Our office is located in Vancouver and assists clients in Vancouver, Camas, Battle Ground, Ridgefield, La Center, Amboy, Yacolt, Washougal, Woodland, and throughout Clark County, Washington. Call Today For An Initial Consultation: 360-699-1530.
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