Consulting a Seattle Divorce Attorney for Third Party Visitation
When married people with children break up, the most common scenario is for the children to live most of the time with one parent and have liberal visitation with the other parent. A Seattle divorce attorney will explain that this right to visitation is based on a doctrine of constitutional law which holds that parents have a fundamental right to parent their children. In any event, absent a showing of one parent being unfit, each parent shall receive residential time with the children after a divorce. Seattle divorce attorneys specialize in visitation issues and all its subtleties.
However, what if one of the "parents" is not a biological parent at all? Can a Seattle divorce attorney help, for example, a step-parent who has not adopted his step child but nevertheless has been like a parent to that child all her life? Or, may a Seattle divorce attorney help a close relative who has helped raise a child, but now after a divorce or death of a parent, is not allowed to visit with the child by the residential parent?
The answer is maybe. Until 1999, Washington State family law, by statute, allowed for a cause of action for court ordered visitation between a child and a third party if such an arrangement was in the child's best interest. However, the Washington State Supreme Court, affirmed by the United States Supreme Court, held that these statutes were an unconstitutional infringement on a parent's right to decide what is best for the child, sending Seattle divorce attorneys scrambling. Since the right to parent is a fundamental right, overcoming this right by ordering visitation between a child and a third party who is not a parent requires a showing that harm to the child will occur unless visitation is ordered. This radically changed the legal standard in such cases and has become a headache for Seattle divorce attorneys.
While the Washington State legislature and Seattle divorce attorneys continue to debate the best way to rewrite these statues, the Washington State Supreme Court has announced a cause of action for visitation between a non-parent and a child under somewhat strict circumstances, if a person can show that he or she is a de facto parent. According to the court, a person may petition for de facto parent status if that person has a substantial parent-like relationship with the child and, (1) the natural or legal parent consented to and fostered the parent-like relationship, (2) the petitioner and the child lived together in the same household, (3) the petitioner assumed obligations of parenthood without expectation of financial compensation, and (4) the petitioner has been in a parental role for a length of time sufficient to have established with the child a bonded, dependent relationship, parental in nature.
To read more about this court's opinion see McKinley Irvin, Seattle Divorce Attorneys, Publications
If you think you might qualify under these guidelines, consult a Seattle divorce attorney to understand you options. Be sure to explain all the circumstances to your Seattle divorce attorney, as this action is very limited. Also, your Seattle divorce attorney may advise you to try to negotiate before trying to litigate, as such an action may be difficult. The Seattle family law attorneys at McKinley Irvin are highly experienced in all areas of Seattle family law. They approach each visitation case with compassion and tenacity and are some of the most respected Seattle divorce attorneys in Washington.
The author is a Seattle divorce attorney law student . please visit mckinleyirvin.com for more details.
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