[WSBAPT] Off-topic referral - guardianship vs third party custody

[Wickert Law 2014-10]

Lisa, Guardianship may be more difficult for your client if you anticipate a contested proceeding. You may want to look at a third party child custody proceeding.  A third party child custody proceeding will be awarded to grandparent if it can be shown the parents are unfit or it would be “detrimental to the child” to live with the parents. The third party child custody matter does not terminate parental rights. But the grandparent as third party custodian has court authority over the custody, finances, and personal care of the minor. I have negotiated a visitation schedule of a child with his or her parents in third party child custody matters. You also need to address child support if necessary. In a guardianship, a GAL will be appointed. In third party child custody matters, a GAL is not typically appointed. 

 

Good luck.

 

Very truly yours,

Maureen A. Wickert, Attorney at Law

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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Lisa Schuchman
Sent: Thursday, November 06, 2014 2:21 PM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] Off-topic referral - guardianship vs third party custody

 

I have a long-term client who is considering seeking custody with her infant grandchild.  It will probably be contested by the parents.  She needs advice on the choice between a guardianship and third party custody in the context of a contested action.  Any help?  

 

Thanks.

 

Lisa E. Schuchman
206-325-2801
www.lisaschuchman.com <http://www.lisaschuchman.com/> 

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