You may need to know how to get guardianship of a child if a child in your life is not getting care, protection, and support from their parents.
First, determine whether guardianship is the most appropriate legal option. If so, you’ll need to complete documentation and gather evidence, file your petition with the court, and go through a guardianship hearing. A Seattle guardianship lawyer can help you through the process.
Consider Your Options Before Pursuing Guardianship of a Child
The legal process for getting guardianship of a child can be lengthy and expensive, and other options may be more appropriate for your situation. For example, the child’s parents could agree to sign over Power of Attorney to you, to give you temporary care of their child.
During an initial consultation, an experienced attorney can explain your options and then help you prepare for action. If guardianship is the best way forward, the process starts with gathering and completing the required legal forms.
Complete Documentation Requirements
The Washington Courts system provides online access to Court Forms: Request a Minor Guardianship. You’ll need to download and complete each one. The Declaration Explaining Reasons for Minor Guardianship requires an explanation of your grounds for seeking guardianship. One of the three scenarios must apply:
- The child’s parents agree to the guardianship
- The parents’ parental rights have been terminated
- There is clear evidence that neither parent is willing or able to care for the child
If you are the child’s stepparent, it’s important to know that a stepparent is not a legal guardian by default. You do not have legal authority to make medical, educational, or financial decisions for the child without court-ordered guardianship rights.
Fulfill Additional Obligations
You’ll need to undergo a background check. Often, those seeking guardianship of children are family members or friends and are categorized as “lay guardians.” Typically, lay guardians and their household members must have criminal and child protective services (CPS) background checks.
Another requirement is completing the minor guardianship lay guardian training. The training covers the components of the Revised Code of Washington (RCW) 11.130, “The Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act.” It emphasizes the duties and responsibilities required of guardians and takes about one hour to complete.
Compile Supporting Evidence
You can continue compiling evidence to support your petition for guardianship after you file your claim. You can also include this evidence with your petition. Either way, you must submit it to the court according to the court’s deadlines and rules of evidence. The information can support your qualification for guardianship and the need for guardianship according to RCW 13.36.030 and 13.36.040.
File Your Claim to Get Guardianship of a Child With the Court
You must file your petition to get guardianship of a child with the court. If you have completed the evidence-gathering process, you can submit all documentation. If not, you must at least include the minor guardianship petition, the notice of hearing, declaration, and summons forms.
You may have to pay a filing fee of $290. If you are a relative, the fee does not apply. If you cannot afford the fee, you may be eligible for a low-income waiver request.
Serve Other Involved Parties
The child’s parents and other parties involved, if applicable, must be “served” with your petition, notice of hearing, and other required documents. A neutral third-party must “personally serve” or hand-deliver the documents to the parents and other parties. For example, the child must be served if they are over 12 years old, along with others who have legal guardianship or legal custody of the child.
You may have to notify (but not serve) others of your petition, and can do so by mail, email, text, or other means. These parties can include grandparents, adult siblings, and anyone who has recently held care or custody of the child, among others.
The neutral third-party must be at least 18 years old. You may enlist help from a friend, a professional process server, or the local sheriff’s office. The server must complete a “Proof of Personal Service” form after delivering the papers, which you will then file with the court. If your server cannot locate the parents, the judge can assign a court visitor to investigate further.
Go Through the Court Hearing
Usually, the initial hearing occurs about 60 days from when you file the petition for guardianship. The judge reviews whether all parties have been properly notified and if background checks and training are complete. You may get guardianship of a child that day if all requirements have been fulfilled and the parents consent.
The judge may order further investigation of the child’s living situation if parents dispute the petition, or schedule another court date if documentation or other requirements are incomplete.
Once the judge ultimately rules to give you guardianship of a child, you receive a letter of guardianship providing you with the authority to make decisions and care for the child.
How to Get Emergency Guardianship of a Child
Some situations demand a faster process, and you need to get emergency custody of a child. You may need to seek emergency guardianship of a child after an unexpected tragedy or if the child is in danger. For emergency guardianship, you must show that the appointment of guardianship will protect the child’s health, safety, and welfare, and that no one else has or is willing to accept authority over the child.
If you need immediate action, you may have grounds to request an immediate order from the court. We have experience with emergency situations and take swift action to protect the child and petition for guardianship.
Get Help from the Team You Can Trust
The team at Dellino Family Law wants the best for you and those you love. If you need to get guardianship of a child, we can help you present your petition and move your case through the process as smoothly as possible.
Whether you need regular or emergency guardianship, we can meet all your legal needs and give you personal support and guidance along the way.
