Minor Guardianship Attorney in Vancouver, Washington

When it comes to your family, nothing can be more important than ensuring the safety and well-being of your children. At times, circumstances necessitate the establishment of a minor guardianship, or someone is trying to gain guardianship over your child(ren). Having a clear and comprehensive understanding of what it entails won't only provide peace of mind, but also help protect your loved ones. 

Minor Guardianship Laws

Minor guardianship is a legal process that allows a person to become the legal guardian of a minor child when the child's parents are unable or unwilling to fulfill their parental responsibilities. 

In Washington State, a new law was adopted on January 1, 2021, replacing the old non-parental custody law. This new law provides guidelines for the court to appoint a guardian for a minor child in three specific situations: 

• if each parent of the minor agrees to the guardianship after understanding what it entails 

• if all parental rights have been terminated; or, 

• if there is clear and convincing evidence that no parent of the minor is willing or able to exercise parenting functions.  

These parenting functions (as defined in RCW 26.09.004) encompass a broad range of responsibilities and activities. These include maintaining a loving, stable, consistent, and nurturing relationship with the child, attending to the daily needs of the child such as feeding, clothing, physical care, and grooming, providing education, guidance, and discipline, and ensuring safety and appropriate medical care. They also include facilitating the child's relationship with their other parent. The law emphasizes the guardian's role to act in the best interest of the child and prioritize their physical, emotional, and psychological welfare above all.

Types of Guardianship for Minors

There are two main types of guardianships for minors: emergency minor guardianship and minor guardianship. In some cases, both types of petitions may need to be filed to obtain the necessary orders. 

Emergency Minor Guardianship

Emergency minor guardianship is a type of temporary guardianship that comes into effect immediately in situations where a child's safety or well-being is at imminent risk. It is often used when the minor's parents are not capable of taking care of the child due to unforeseen circumstances such as severe illness, addiction, incarceration, or immediate danger. The emergency guardian has the same responsibilities as a permanent guardian but the guardianship period is usually short-term, often until a more permanent solution can be arranged. 

Minor Guardianship

Minor guardianship, also known as permanent guardianship, is a long-term arrangement where a court assigns a person (other than the minor's parents) the responsibility of taking care of the minor. The guardian has the authority to make decisions on behalf of the minor on matters concerning education, health care, and other major life decisions, while the parents retain their parental rights. The guardianship remains in effect until the child turns 18, or until the court orders otherwise. 

Both types of guardianship require a thorough review and approval process by a court, which includes considerations of the minor's best interest, the prospective guardian's suitability, and the consent of the minor's parents, if possible. 

Steps for Seeking a Minor Guardianship Order

If you find yourself in a situation where you need to seek a minor guardianship order, it's important to understand the steps involved. Here are the essential stages involved in this process to give you a clear understanding and to help facilitate your journey through the legal system: 

1. Consult a Qualified Attorney: The first step is to consult with an attorney who is experienced in family law and minor guardianship cases. They can provide you with the necessary advice on the process and help you understand the implications of your decision. 

2. Prepare Necessary Documents: You'll need to prepare and file a petition for guardianship with the court. This includes filling out the appropriate forms and providing detailed information about the child, yourself, and the reasons for seeking guardianship. 

3. Serve Notice: After filing the petition, you must serve notice to all interested parties. This typically includes the minor (if they are 14 years or older), the minor's parents, and any other person who has had physical custody of the minor for more than 60 days. 

4. Attend a Court Hearing: A hearing date will be set once the notice period ends. During the hearing, you'll present your case to the judge. It's crucial to bring all supporting documents and evidence that demonstrate your suitability as a guardian and how the arrangement will serve the child's best interests. 

5. Complete a Background Check: If the judge approves your petition, you may be asked to complete a background check or home study to further assess your suitability as a guardian. 

6. Finalize the Guardianship: Once all these steps are successfully completed, the court will issue an order establishing the guardianship. It's essential to review the order carefully to understand all your duties and responsibilities as the child's legal guardian. 

Remember, this legal process can be complex and emotionally challenging. It's essential to have an experienced family law attorney guiding you through this process to protect your rights and the best interests of the child. 

How to Contest a Minor Guardianship Action

If you are facing a minor guardianship action and wish to contest it, it's crucial to understand your rights and the steps involved. Here's a step-by-step guide on how to challenge a minor guardianship action: 

1. Hire a Competent Attorney: Just like in seeking a minor guardianship order, contesting one also requires professional legal help. Hiring an attorney experienced in family law and guardianship cases can provide valuable guidance and representation. 

2. File an Objection: If you disagree with the guardianship action, you must file a formal objection with the court. This objection must clearly state your reasons for disputing the guardianship and provide any relevant evidence. 

3. Gather Evidence: Collect all pertinent evidence that proves your ability to care for the child or evidence that points to the unsuitability of the proposed guardian. This can include financial documentation, character references, medical records, etc. 

4. Attend the Court Hearing: You, along with your attorney, will present your case to the judge at the hearing. Be prepared to answer any questions the judge may have regarding your ability to parent and your reasons for contesting the guardianship. 

5. Abide by the Court's Decision: If the court rules in favor of the guardianship, you must abide by the order. Remember, you can always work with your attorney to appeal the decision or petition for termination of the guardianship at a later date, provided there has been a significant change in circumstances. 

Understanding Your Rights

In a minor guardianship case, it's important to remember that you, as a biological parent, have certain rights: 

• Right to Notice: You have a right to be notified of all proceedings related to the guardianship of your child.  

• Right to Contest: You have a right to challenge the guardianship action, present your case, and provide evidence against the guardianship.  

• Right to Counsel: If you cannot afford an attorney, you have a right to request court-appointed counsel. 

• Parental Rights: Even in cases where a guardian is appointed, you as a parent, retain certain rights unless they are specifically revoked by the court. These can include the right to reasonable parenting time, the right to consent or not consent to certain decisions concerning the child, and the right to petition for termination of the guardianship. 

Always remember, the best interests of the child are of paramount importance in any guardianship proceedings. It's crucial to approach these proceedings with the child's welfare in mind.