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Landlord Tenant
Why do I need an attorney to evict my great nephew?

Why do I need an attorney to evict my great nephew?

Q: What is the definition of an unstable parent?

An unstable parent is generally someone who cannot provide a safe and consistent environment for their child. This may include issues like substance abuse, mental health problems, or a lack of financial stability. Courts assess parental stability based on the parent's ability to meet the child's physical and emotional needs.

Q: Do I have the right to an attorney if I can't afford one?

In civil cases, including family law matters, there is no guaranteed right to an attorney if you cannot afford one. However, some nonprofit organizations and legal aid services may offer free or low-cost legal assistance. It's important to explore available resources in your area to get the help you need.

Full question:

WHY MUST I HIRE AN ATTORNEY TO GET MY 21 Y.O GREAT NEPHEW, FOSTER CHILD WHO HAS NEVER PAID ANY RENT OUT OF MY HOUSE PER THE SEATTLE POLICE DEPARTMENT?

Category: Landlord Tenant
Subcategory: Lease Termination
Date: 04/07/2025
State: Washington

Answer:

If you are not a court-appointed guardian for your great nephew, he may be considered a tenant-at-will since he has never paid rent. In Washington, you must provide thirty days' written notice to evict such a tenant. While you can serve this notice without an attorney, the eviction process has strict rules that must be followed.

The eviction process generally involves:

Proper notice: You must serve the required eviction notices correctly.
Filing a lawsuit: If the tenant does not leave, you need to file a lawsuit to proceed with the eviction.
Court hearing: If the tenant disputes the eviction, they are entitled to a court hearing.
Sheriff's involvement: If you win the court hearing, the sheriff will carry out the eviction. Only the sheriff can physically remove a tenant after an unlawful detainer lawsuit has been filed.

For more details, refer to RCW 59.04.020, which outlines tenancy rules in Washington.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

How hard is it to get custody of a nephew?

Gaining custody of a nephew can be challenging and typically requires demonstrating that it's in the child's best interest. You may need to show that the parents are unfit or unable to care for the child. The process often involves filing a petition in court and may include a home study. Legal representation can help navigate the complexities of family law and improve your chances of success.

Who is most likely to win custody of a child?

Custody decisions are based on the child's best interests, considering factors like the child's relationship with each parent, stability, and the ability to provide for the child's needs. Generally, biological parents have a strong presumption in favor of custody unless they are deemed unfit. Courts may also consider other relatives if the parents are unable to care for the child.

Is legal guardianship the same as fostering?

Legal guardianship and fostering are not the same. Guardianship gives an adult legal responsibility for a child, often with permanent arrangements. In contrast, fostering is typically temporary and involves caring for a child placed by the state due to family issues. Guardianship may require court approval, while fostering often involves state oversight.

What is the definition of an unstable parent?

Do I have the right to an attorney if I can't afford one?

Can I get my nephew out of foster care?

To get your nephew out of foster care, you must demonstrate to the court that you can provide a safe and stable environment. This often involves filing a petition for custody or guardianship and possibly undergoing a home study. The court will consider the child's best interests and the reasons for their placement in foster care.