(3) Court Order. Any Court order temporarily or permanently terminating the custody of the
parent or an existing custodian shall be attached to the petition.
(4) Investigation. Upon the filing of a petition, the Court may order such investigation, as it
deems necessary.
(c) Summary Order. If the Court determines that the proposed custodian is a member of the child's
extended family, or otherwise has significant ties to the child, and that the custodianship has
been consented to by each living parent of the child, and that the custodianship is in the best
interest of the child, the Court may enter an order of custodianship as requested in the petition
without need for formal hearings.
(d) Notice. If the custodianship has not been consented to in writing by each living parent of the
child, then each parent not having consented shall be given written notice of the proceedings.
Such notice shall be served personally if the whereabouts of the parent is known, otherwise
service shall be made as ordered by the Court.
(e) Hearings. Unless the custodianship is granted by summary order, the Court shall hold a hearing
upon the petition and shall determine if the custodianship is in the best interest of the child.
(1) If a non-consenting parent appears at the hearing and contests the custodianship the
petition shall be denied unless the Court determines, upon clear and convincing evidence
that the custodianship is in the best interest of the child, or that an order has already been
entered temporarily or permanently depriving that parent of custody pursuant to section 6-3
of this Code.
(f) Order. Upon a determination that the petition should be granted, the Court shall enter an order
of custodianship.
(1) Such order shall contain the following:
A. The jurisdiction basis of the Court;
B. The name of the custodian;
C. The duration of the custodianship;
D. A factual finding that the custodianship is in the best interest of the child and the reasons
therefore;
E. Any specific conditions of custodianship.
(g) Termination of Custodianship. The custodianship shall terminate upon any of the following:
(1) Duration specified in the order;
(2) The child reaching the age of 18 years;
(3) The further order of the Court, terminating custodianship, or the death of the custodian or
other circumstances creating a practical inability of the custodian to care for the child.
(h) Upon termination of the custodianship, all legal parental rights shall be returned to the person or
persons having such rights prior to the creation of the custodianship unless otherwise provided.
6-4.02 Informal Custodianship. An informal custodianship may be created by the placement of a child by a
custodial parent or parents with another person or family, without Court involvement.
(a) Creation of Informal Custodianship. Such a custodianship must be voluntarily entered into by
the custodial parent or parents involved and the custodian and shall be recognized as a legal
custodianship for so long as a consensual relationship continues.
(b) Rights of Non-Consenting Parent. No informal custodianship may be created over the objections
of a natural parent having custody or joint custody of the child.
(1) A natural parent who does not have custody of the child, and who has not consented to such
an informal custodianship may petition the Court for denial or termination of the
custodianship status, for custody of the child or for such other appropriate relief as the
parent believes may be in the best interests of the child.
(c) Hearing Upon Petition. Upon the filing of such a petition, the Court shall hold a hearing in
accordance with RSLOC 6-4.01(e) above, and the matter shall thereafter be determined in
accordance with the preceding rules for determination of a formal custodianship petition.
61
Revised Spokane Law & Order Code, 5/14/2013