SPARC Forums

Last night BM was killed in a car accident. BM had sole custody, we had standard visitation and DH paid child support. My question is do we automatically get custody? I believe that her family would fight us on this...can they? What is the likely hood that they could get custody? We are in WA. Any info would be greatly appreciated.

>Last night BM was killed in a car accident. BM had sole
>custody, we had standard visitation and DH paid child support.
>My question is do we automatically get custody? I believe that
>her family would fight us on this...can they? What is the
>likely hood that they could get custody? We are in WA. Any
>info would be greatly appreciated.

Go to the probate court (family court has lost jurisdiction) and file a petition to have the existing custody order set aside. At the same time, ask for an emergency ex-parte temporary sole custody order. Serve it on anyone who you reasonably believe may have an interest in the child's welfare (sisters, grandparents, stepparents, etc.).

Unless there is something in your existing orders which suggests that you are a danger to the child, the court will almost certainly award you custody.

If you're on good terms with the child, go get him/her and take him/her home -- right now. Don't worry about clothes or property issues right now. You want to take care of the child.

Obviously, you could get into a problem with law enforcement, but only if the child resists you -- in which case the child will be placed in foster care and you will be back to dealing with the probate/juvenile court again. Otherwise, the police would simply say "It's a civil matter," and tell any other party to "Take it to the court."