Emergency Custody Petition Guide

Summary

The user, residing in Washington State, is seeking advice on filing for emergency custody of her 9-year-old half-sibling. The childs mother is in jail and the father is absent. The user has a stable job, no criminal record, and is willing to provide a safe environment for the child. The users 16-year-old sibling can provide a written statement about the fathers absence. The user was advised to contact Snohomish County Superior Court to initiate the non-parental custody process.

Full Conversation

My mother has been arrested for 4th degree assault. Leaving my underaged siblings alone with known drug users in her house. I went and picked them up, the youngest sibling (hes my half sibling) has a mother in jail and a father who is unreachable and absent. Can I petition for emergency custody for him?
What state are you currently residing in, ****? This information will help me provide the most accurate advice regarding emergency custody laws.
Washington State
What is the age of your youngest sibling? In Washington State, you can file for non-parental custody if the child is not in the physical custody of either parent.
9 years old.
What is your relationship with the child's parents? In Washington State, you can file for non-parental custody if the child is not in the physical custody of either parent.
We have the same mother, but different fathers.
What is the current living situation of your youngest sibling? In Washington State, you can file for nonparental custody if the child is not in the physical custody of either parent.
As of yesterday he is staying with me at my house along with my sister and our father. I have an older brother who also lives here
What is the current status of your mother's arrest and has Child Protective Services been involved yet?
The current status of her arrest is she has been booked and is awaiting her court date. No, child protective services has not been involved yet.
Have you contacted a lawyer or any legal authority about this situation?

In Washington State:
- You can file for non-parental custody if the child isn't in the physical custody of either parent.
- The nearest court is King County Superior Court, * 3rd Ave, Seattle, WA *, (*) *-*.
No I have not. I am unsure where to begin, as i have never filed for any sort of legal case before.
What is your financial situation? Depending on your income, you may qualify for free legal aid in Washington State.
I work full time making $*.* an hour
Do you have any criminal records that could affect your petition for custody?
I have absolutely no criminal record of any kind
That's good to hear. Do you have a stable living environment and sufficient resources to provide for your sibling's needs?
We will need to make minor adjustments, but I believe that we do.
What kind of adjustments are you referring to? In Washington State, providing a stable and safe environment is crucial for a successful custody petition.
Setting up a bedroom for him to stay in and if im granted custody enrolling him in the local elementary school.
What is the name and location of the local elementary school you plan to enroll him in?
I am unsure of the name of the school at this time, but it is about * minutes from our house.
What is the name of your city or town? This will help me provide you with the contact details of the nearest family court and local resources.
Stanwood Washington
What is the current health condition of your youngest sibling?
He is healthy
What is the current status of your youngest sibling's education?
He is in the 4th grade
What school was he attending before he started living with you?
Penny Creek Elementary School
What is the current status of your mother's case? Has she been charged or is she awaiting trial?
As of now she is still filed as booked and there are no updates on a court hearing
What is the name of the county where your mother has been booked? This will help me provide you with the contact details of the nearest court.
Snohomish County
What is the name of the father of your youngest sibling and do you have any contact information for him?
His name is James, and we have a phone number and facebook messenger. We have left many massages for him and have heard nothing back. Aparently according to my siblings he has been unreachable for approximately two weeks. Which is not uncommon for him
Have you tried to report James' absence to any legal authority? In Washington State, abandonment can be a ground for non-parental custody.
No I have not. I was unaware of the abobdonment laws
What is the duration of James' absence? In Washington State, abandonment is considered if a parent has not had any contact with the child for at least six months.
Approximately two consecutive weeks
Do you have any evidence of James' absence or neglect towards your sibling? In Washington State, evidence can strengthen your case for non-parental custody.
Non other than verbal evidence
Do you have any written communication or witnesses who can confirm James' absence or neglect? In Washington State, these can be used as evidence in a non-parental custody case.
My mother and siblings would be the witnesses to his absence. I do not live where they do, so I myself am not witness to it.
Can your mother and siblings provide written statements confirming James' absence? In Washington State, written statements can be used as evidence in non-parental custody cases.
My siblings can, but I dont believe my mother can if she is in jail
What is the age of your siblings who can provide written statements? In Washington State, the court may consider statements from children who are mature enough to express an opinion.
9 years old and 16 years old
In Washington State:

- Courts may consider statements from children aged * or older.
- The nearest court is Snohomish County Superior Court, * Rockefeller Ave, Everett, WA *, (*) *-*.
Okay. What should be my course of action be
Your first step should be to contact Snohomish County Superior Court and inquire about filing for non-parental custody. They can guide you through the process.
Okay. Thank you for the advice.
What is the name of the child's father? This information is important as the court will need to notify him about the custody proceedings.
His name is James
Do you have any contact details for James that could be used by the court to notify him about the custody proceedings?
Only his phone number and his facebook account (facebook messenger)
Do you have any evidence of James' neglect or abandonment that could be presented in court?
Writtwn statement from my 16 year old sister
What does the written statement from your *-year-old sister entail?
It entails James absence from the home and our brothers life for the last two weeks and his chronic ansence prior to that. James is an unreliable parent
Do you have any other evidence, such as text messages, emails, or other forms of communication that show James' neglect or abandonment?
No. I rarely speak to him as most people rarely are abale to get a hold of him
Do you have any witnesses who can testify to James' neglect or abandonment in court?