Superior Court of Washington
County of
In re the Custody of:
Child(ren),
Petitioner(s),
and
Respondent(s). No .
Findings of Fact and
Conclusions of Law
(Nonparental Custody)
(FNFCL)
I. Basis for Findings
The findings are based on:
[ ] agreement.
[ ] order(s) of default against (name(s))__________________________________________ signed
by the court on this date or dated _________________________________________________ .
[ ] trial. The following parties and lawyers attended:
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
II. Findings of Fact
Upon the basis of the court record, the court finds :
Fndngs/Concls of Law (FNFCL) - Page 1 of 9
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2.1 Children for Whom Custody Is Sought
The petitioner(s) are seeking custody of the following child(ren):
2.2 County Where Children Reside
The child(ren) named in paragraph 2.1 permanently reside in this county or can be found in this
county.
2.3 I ndian Child Welfare Act
Child’s Indian status:
The petitioner [ ] has [ ] has not made a good faith effort to determine whether the child(ren) are
Indian Child(ren).
[ ] Based upon the following, the child(ren) are not Indian child(ren) as defined in Laws of
2011, ch. 309, §4, and the federal and Washington State Indian Child Welfare Acts do
not apply to these proceedings:
[ ] Based upon the following, the child(en) are Indian child(ren) as defined in Laws of 2011,
ch. 309, §4 and the federal and Washington State Indian Child Welfare Acts apply to
these proceedings:
[ ] The petitioner [ ] has [ ] has not provided notice of these proceedings as required by
Laws of 2011, ch. 309, §7 and the Indian Child Welfare Act to all tribes to which the
petitioner or court knows or has reason to know the child may be a member or eligible
for membership.
Jurisdiction:
[ ] The child(ren) are Indian children as defined in Laws of 2011, ch. 309, §4 but are not
domiciled or residing within the boundaries of an Indian reservation; and no Tribal Court
has continuing jurisdiction over the child(ren); this court has jurisdiction under 25 USC §
1911.
[ ] The child(ren) are Indian children as defined in Laws of 2011, ch. 309, §4 and are
domiciled or residing within the boundaries of an Indian reservation, and:
[ ] the children’s tribe has consented to Washington State’s concurrent jurisdiction.
[ ] the tribe has expressly declined to exercise its exclusive jurisdiction.
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WPF CU 02.0100 Mandatory (07/2011) - CR 52; 26.10.040; .100
2.4 Basis of Jurisdiction
[ ] This court has exclusive continuing jurisdiction. The court has previously made a child
custody, parenting plan, residential schedule or visitation determination in this matter and:
retains jurisdiction under RCW 26.27.211.
[ ] This state is the home state of the children because:
[ ] the children lived in Washington with a parent or a person acting as a parent for
at least six consecutive months immediately preceding the commencement of
this proceeding.
[ ] the children are less than six months old and have lived in Washington with a
parent or a person acting as parent since birth.
[ ] any absences from Washington have been only temporary.
[ ] Washington was the home state of the children within six months before the
commencement of this proceeding and the children are absent from the state but
a parent or person acting as a parent continues to live in this state.
[ ] The children and the parents or the children and at least one parent or a person acting as a
parent have significant connection with the state other than mere physical presence, and
substantial evidence is available in this state concerning the children’s care, protection,
training and personal relationships, and:
[ ] The children have no home state elsewhere.
[ ] The children’s home state has declined to exercise jurisdiction on the ground that
this state is the more appropriate forum under RCW 26.27.261 or .271.
[ ] All courts in the children's home state have declined to exercise jurisdiction on the ground
that a court of this state is the more appropriate forum to determine the custody of the
children under RCW 26.27.261 or .271.
[ ] No other state has jurisdiction.
[ ] This court has temporary emergency jurisdiction over this proceeding because the children
are present in this state and the children have been abandoned or it is necessary in an
emergency to protect the children because the children, or a sibling or parent of the
children is subjected to or threatened with abuse. RCW 26.27.231.
[ ] There is a previous custody determination that is entitled to be
enforced under this chapter or a child custody proceeding has
been commenced in a court of a state having jurisdiction under
RCW 26.27.201 through 26.27.221. The requirements of RCW
26.27.231(3) apply to this matter. T his st ate’s jurisdiction over
the children shall last until (date)
_______________________________.
[ ] There is no previous custody determination that is entitled to be enforced under
this chapter and a child custody proceeding has not been commenced in a court
of a state having jurisdiction under RCW 26.27.201 through 26.27.221. If an
action is not filed in (potential home state) _____________________ by the time
the child has been in Washington for six months, (date)
Fndngs/Concls of Law (FNFCL) - Page 3 of 9
WPF CU 02.0100 Mandatory (07/2011) - CR 52; 26.10.040; .100
__________ _________ , then Washington's jurisdiction will be final and
continuing.
[ ] Other:
2.5 Background Records Check
The court has consulted the judicial information system, if available, to determine the existence
of any information and proceedings that are relevant to the placement of the child. The court has
also directed the Department of Social and Health Services to release information as provided
under RCW 13.50.100; and has required the petitioner to provide the results of an examination of
state criminal identification data provided by the Washington State Patrol criminal identification
system as described in chapter 43.43 RCW for the petitioner and adult members of the
petitioner’s household.
2.6 Standing
[ ] At the beginning of the case, the child(ren) had not been in the physical custody of
either parent since (date) _______________________________.
[ ] Neither parent was a suitable custodian at the beginning of the case.
[ ] Other:
2.7 Best Interest of the Child
It is in the best interest of the child(ren) to be placed in the custody of the petitioner(s), and at
this time:
[ ] The child(ren) have not been in the physical custody of either parent since
(date) _______________________________ because:
[ ] Neither parent is a suitable custodian for the child(ren), because:
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WPF CU 02.0100 Mandatory (07/2011) - CR 52; 26.10.040; .100
2.8 Adequate Cause
Adequate cause for this proceeding has been found [ ] in an order signed by the court on this date
or dated _________________________; or [ ] is agreed as evidenced by the signatures on the
last page of this document.
2.9 Limitations on Visitation
[ ] Does not apply.
[ ] There are no reasons for limiting visitation of either parent.
[ ] The following reasons exist for limiting visitation of
[ ] Respondent (name) ________________________________ :
[ ] Willful abandonment that continues for an extended period of time or
substantial refusal to perform parenting functions.
[ ] Physical, sexual or a pattern of emotional abuse of a child.
[ ] A history of acts of domestic violence as defined in RCW 26.50.010(1)
or an assault or sexual assault which causes grievous bodily harm or the
fear of such harm.
[ ] Other:
[ ] Respondent (name) ________________________________ :
[ ] Willful abandonment that continues for an extended period of time or
substantial refusal to perform parenting functions.
[ ] Physical, sexual or a pattern of emotional abuse of a child.
[ ] A history of acts of domestic violence as defined in RCW 26.50.010(1)
or an assault or sexual assault which causes grievous bodily harm or the
fear of such harm.
[ ] Other:
[ ] Limitations on visitation with the children will not adequately protect the children from
the harm that could result if the children has contact with
(name(s)) ___________________________________________________.
[ ] Contact between (name(s)) ________________________________________ and the
children will not cause physical, sexual, or emotional abuse or harm to the children and
the probability that the parent’s harmful or abusive conduct will recur is so remote that it
would not be in the children’s best interest to apply the limitations of RCW 26.10.160(1)
(a) and (b).
[ ] (Name(s))___________________________________________’s conduct did not have
an impact on the children.
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WPF CU 02.0100 Mandatory (07/2011) - CR 52; 26.10.040; .100
[ ] Other:
2.10 Child Support
[ ] Does not apply.
[ ] There are children in need of support and child support should be set pursuant to the
Washington State child support statutes. The Order of Child Support signed by the court
on this date or dated _______________________________, and the child support
worksheet which has been approved by the court are incorporated by reference in these
findings.
[ ] Other:
2.11 Continuing Restraining Order
[ ] Does not apply.
[ ] A continuing restraining order against (name(s)) _____________________________
______________________________________ is necessary because:
[ ] Other:
2.12 Attorney Fees, Other Professions Fees and Costs
[ ] Does not apply.
[ ] Each of the parties has sufficient property, income or resources available to pay his or her
own respective attorney fees, professional fees and costs.
[ ] (Name) ___________________________ has incurred reasonable attorney’s fees, other
professional fees and costs in the amount of $_______________.
(Name) ______________________________ has the ability to pay these fees and
(name) _____________________________________ has the need for the payment of
these fees as follows:
[ ] (Name) ____________________________________ has incurred reasonable attorney’s
fees, other professional fees and costs in the amount of $____________________.
(Name) ____________________________________ has the ability to pay these fees and
(name) ___________________________________ has the need for the payment of these
fees as follows:
[ ] Other:
Fndngs/Concls of Law (FNFCL) - Page 6 of 9
WPF CU 02.0100 Mandatory (07/2011) - CR 52; 26.10.040; .100
2.13 Other
III. Conclusions of Law
The court makes the following conclusions of law from the foregoing findings of fact:
3.1 Jurisdiction
The court has jurisdiction over the children.
3.2 Disposition
It is in the best interest of the children to reside with:
3.3 Child Support
[ ] Does not apply.
[ ] Child support for the dependent children should be set pursuant to the Washington State
child support statutes.
[ ] Other:
3.4 Visitation
Respondent (name) _________________________________ : Visitation shall be [ ] as
set forth in the Residential Schedule(s) signed by the court on this date or
dated _______________________, and approved by the court and incorporated as part of these
findings; or [ ] as follows:
Respondent (name) _________________________________ : Visitation shall be [ ] as
set forth in the Residential Schedule(s) signed by the court on this date or
dated _______________________________, and approved by the court and incorporated as part
of these findings; or [ ] as follows:
Fndngs/Concls of Law (FNFCL) - Page 7 of 9
WPF CU 02.0100 Mandatory (07/2011) - CR 52; 26.10.040; .100
[ ] Other:
3.5 Continuing Restraining Order
[ ] Does not apply.
[ ] A continuing restraining order should be entered.
3.6 Attorney Fees, Other Professional Fees and Costs
[ ] Does not apply.
[ ] Attorney fees, other professional fees and costs should be paid as follows:
3.7 Other
Dated: __________________________________ __________________________________
Judge/Commissioner
Presented by: Approved by:
Notice of presentation waived:
Fndngs/Concls of Law (FNFCL) - Page 8 of 9
WPF CU 02.0100 Mandatory (07/2011) - CR 52; 26.10.040; .100
Signature of Party or Lawyer/WSBA No. Signature of Party or Lawyer/WSBA No.
Print or Type Name Date Print or Type Name Date
Signature of Party or Lawyer/WSBA No. Signature of Party or Lawyer/WSBA No.
Print or Type Name Date Print or Type Name Date
Signature of Party or Lawyer/WSBA No.
Print or Type Name Date
Fndngs/Concls of Law (FNFCL) - Page 9 of 9
WPF CU 02.0100 Mandatory (07/2011) - CR 52; 26.10.040; .100
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