Family law is a wide area of law that covers unique situations that Washington families face. Any family legal matters involving children are handled with the utmost care. The best interests of the child are kept at the forefront of all legal decisions, whether you’re creating a custody plan or filing to become a legal guardian. At this point, you may be asking: What’s the difference between minor guardianship and custody in Washington?
What’s the Difference Between Minor Guardianship and Custody in Washington?
The difference between minor guardianship and custody in Washington is whether the child’s legal guardian is their parent or a non-parent. Both minor guardianship and child custody cases involve granting legal adults rights and responsibilities over minor children. You can count on a Benton County family law attorney to help you with either type of case.
Washington’s guardianship and child custody laws protect children and their families. There are approximately 1,655,037 children under the age of 18 living in Washington. It’s estimated that there are around 151,954 single-parent households in the state.
Whether you’re navigating a minor guardianship case or a custody case, it’s wise to talk to a Benton County family law attorney about your rights and legal options. A Washington child custody attorney can help you establish a viable parenting plan for your child based on the unique facts of your family’s situation. This starts with understanding all your legal options and the differences between them.
Navigating Child Custody Cases in Washington
Child custody cases are for biological or legal parents who need to come up with a parenting plan for their child. Parents who are divorcing and parents who have never married may both have cause to open a child custody case. Custody cases involve making decisions regarding:
- Legal custody, which pertains to decision-making power over a child’s education and healthcare.
- Physical custody, which refers to where a child lives and spends most of their time.
Parents are encouraged to create a parenting plan together that works in the best interest of the child. If you’re unable to come to an agreement between the two of you, you may have to take matters to court. Washington courts heavily favor plans that include time with both parents. That said, they ultimately make decisions based on what’s appropriate for the child.
Many child custody cases and guardianship cases settle out of court through mandatory mediation under Washington law. You can only pursue litigation in court if mediation fails or the court waives the mediation requirement. It’s recommended that you talk to a Benton County family law attorney about your situation to make an informed decision that’s in the best interest of your child. A lawyer can be helpful in and out of the courtroom.
Navigating Guardianship Cases in Washington
Guardianship cases are for adults who wish to gain custody over another person’s child. This process used to be called Non-Parent Custody in Washington. Now, it’s known as requesting a Minor Guardianship. When an adult is granted guardianship over a child, they can make the same decisions as a parent.
A guardian can be appointed in Washington if both parents agree to the guardianship appointment, if both parents’ rights are terminated, or if neither parent is willing or able to care for the child. You can be granted long-term minor guardianship, emergency short-term minor guardianship, or standby minor guardianship under Washington law.
It’s important to understand the nuances of these laws. A Benton County family law attorney can help:
- Minor guardianship allows an adult to provide long-term care for a child until they become a legal adult, get married, or are emancipated. The court can also end the order.
- Emergency minor guardianship provides immediate care if a child is in urgent danger. These orders can be approved quickly, but they don’t last as long.
- Standby minor guardianship appoints a backup guardian ahead of time. This type of guardianship order is helpful when parents think they’re going to be unable or unready to parent their child.
A guardianship case starts with filing a petition in the Superior Court that covers your county. You must give legal notice to both parents and any interested parties. The court may appoint a court visitor or guardian ad litem to investigate the child’s best interests. After the case is investigated, you can expect to attend a hearing where the judge makes a final decision about guardianship.
There are a number of different legal considerations in minor guardianship cases that can be difficult to navigate on your own. That’s where a Washington guardianship lawyer can help. You can expect Washington courts, including the Benton-Franklin Superior Court, to have strict legal standards for legal matters involving children. It’s important that you understand your rights and legal options under Washington child custody laws.
Hire a Guardianship Lawyer in Washington to Discuss Your Legal Options
Navigating family legal issues can be complicated, especially where children are involved. Washington has extensive guardianship and child custody laws that exist to protect children across the state. That said, it’s not always easy to navigate these types of legal matters. It’s highly recommended that all involved parties in these cases secure legal representation to help them through these cases.
A Benton County family law attorney can work with you to make the right decisions for you and your family. Families throughout the area have been trusting the legal professionals at Chvatal King Cantu Law to represent them through complex family legal matters for years. When you choose us, you’re choosing a local team you can trust.
Our lawyers go above and beyond to make sure you understand what’s happening throughout your case. To top it off, you can expect to work with the same attorney throughout the entirety of your case. That way, you don’t have to worry about who is handling such critical matters in your life.
If you’re ready to discuss your case with a legal professional, our team is here to listen. Contact our office in Richland to set up a consultation with a member of our team to get started on your legal strategy today. We’re conveniently located near I-82 and I-182 to reach our clients throughout the state.
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