LFLR 9. Commencement of Nonparental Custody Proceedings
Local Family Law Rule
(a) Non-Parent Custody. An action for custody of a child brought by a non-parent is commenced by a summons and petition under a new cause number and may not be commenced under an existing dissolution, paternity or other case. Upon filing, the Clerk’s Office will issue a case schedule. The petitioners must obtain a Washington State Patrol and Child Protective Services (CPS) background check on themselves and all adult household members. The King County local form order for obtaining a CPS background check, available from the Clerk’s office or at www.kingcounty.gov/courts/clerk, shall be used. Petitioners must also obtain an Order finding Adequate Cause before the date specified in the Case Schedule and attend a mandatory case review hearing. See Chapter 26.10 RCW, these rules and the Order Issuing Case Schedule for other requirements.
(b) Petition for Visits. A petition for visits may not be filed under any other existing case.
(1) Service. The petitioner must serve the other parties within 10 days of filing the petition. The petitioner must file proof of service and provide a working copy at least 6 judicial days prior to the court review. If service cannot be made within 10 days, the petitioner must file a motion to amend the case schedule and continue the trial date before the assigned judge.
(2) Court Review. Upon filing the summons and the petition, the Clerk’s Office will issue a case schedule that includes a date for a court review before the assigned judge. Parties do not need to appear for this hearing. Parties shall provide working copies six judicial days prior to the court review. Working copies shall comply with LCR 7(b) to the extent that the rule is not inconsistent with this rule.
[Adopted effective September 1, 2004; July 24, 2018; September 1, 2019; September 1, 2021.]