Non-Parent Custody Actions (no attorneys) (RCW 26.10)

Non-Parent Custody Actions (no attorneys) (RCW 26.10)

Procedural Checklist

Prepared by the Cowlitz County Clerk’s Office

You may purchase forms for this action from the Office of the Cowlitz County Clerk or you can download them from the Washington Court’s website at www. courts. wa. gov/forms. Our fees must be paid by cash, money order or cashier’s check. We do not accept personal checks.

Fill out the following forms and file with the Clerk’s Office with a $260.00 (cash) filing fee:

·  Case Information Cover Sheet

·  Confidential Information form with Attachment to Confidential Information

·  Non-Parent Custody Petition

·  Summons: Notice about Non-Parent Custody Petition

·  Agreement to Join Petition (Joinder) (if applicable)

·  Proposed Residential Schedule (if applicable)

·  Declaration of (name) __________________

·  Financial Declaration of (name) _____________

·  Declaration about Public Assistance

·  Sealed Financial Source Documents (with two (2) cover sheets)

·  Motion to Appoint Guardian ad Litem (mandatory)

·  Motion for Adequate Cause Decision

·  Order on Adequate Cause for Non-Parent Custody

·  Motion for Temporary Non-Parent Custody Order [ ] and Restraining Order

·  Temporary Non-Parent Custody Order

·  Order to DSHS to Release CPS Information

Arrange service of copies of the above pleadings on Respondents. If parties/children are receiving assistance from the State of Washington, for example: medical assistance, TANF, etc., you must also serve the Prosecuting Attorney, Division of Child Support at 1338 COMMERCE AVE, SUITE 305, LONGVIEW, WA 98632. Service to the Division of Child Support should include copies of all filed pleadings along with a Proof of Personal Service showing that Respondents have been served.

If you have received a Response to Non-Parent Custody Petition from the Respondent(s) indicating that he/she is not in agreement with your petition and proposed pleadings, you may need to have a Court Commissioner or Judge decide the contested issues. The first step to resolving contested issues is a Case Scheduling Order. Once the listed requirements contained in the Case Scheduling Order has been completed, a Certificate of Readiness, Trial/Mandatory Settlement Conference Notice may be filed for a Mandatory Settlement Conference (MSC) date. An MSC will be heard by a Court Commissioner. They will attempt to help the parties reach an agreement without a trial. If the MSC is unsuccessful in resolving the contested issues, you may need to file a Certificate of Readiness, Trial/Mandatory Settlement Conference Notice to set a trial date.

If the Respondent(s) have failed to file a Response to Non-Parent Custody Petition or if they are joining in this action, fill out the following final pleadings (Respondents must sign all final pleadings if they are joining in the action and not contesting any issues).

Final pleadings include:

·  Criminal History Record w/Cover Sheets (2)

·  Motion for Default (if applicable)

·  Order on Motion for Default (if applicable)

·  Findings and Conclusions on Non-Parent Custody Petition

·  Final Non-Parent Custody Order

·  Final Residential Schedule (if applicable)

·  Child Support Worksheets

·  Child Support Order

Local Court Rule 94.08 requires that before you set your uncontested final court hearing, you must have your final pleadings reviewed by the Courthouse Facilitator or an attorney. If you choose to meet with our Courthouse Facilitator, the appointment fee is $20.00 (cash) and must be paid at the time the appointment is set. You must bring your agreed completed final documents to the appointment. The Courthouse Facilitator will advise you as to whether or not your case is ready to be set for final hearing. The Courthouse Facilitator is prohibited from giving legal advice.