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We’ve seen the anguish in a loving grandparent’s eyes as they watch a child suffer in an unstable home. As experienced Washington grandparents' rights attorneys, we’ve fought hard for these children to have the security and stability they deserve.
You might have believed that your days as a full-time caregiver were over. But sometimes, life demands more. You can be your grandchild's rock when parents falter. We’ll help you empower yourself with the knowledge to protect your grandchild's future.
Grandparents' Custody Rights in Washington State
Washington laws recognize that in certain circumstances, grandparents may need to obtain custody of their grandchildren. At one time, the primary law governing this situation was RCW 26.10.030, which outlined the conditions for nonparental custody actions.
In this and other decisions, Washington courts always prioritize the child's best interests, as previously mandated by RCW 26.10.100 and currently described in RCW 13.34.020. Grandparents’ rights are no different.
In recognition of the role that grandparents and other close relatives play in many children’s lives, a new law was enacted in 2023. This law, RCW 26.11.020, allows a nonparental relative to petition for visitation with a child. The court considers the following factors before granting such a petition:
- The strength of the relationship between the relative and the child.
- The ongoing nature of the relationship.
- The risk that the child will be harmed if the relationship ends.
- The age of the child.
- The child's wishes, if they're old enough to express a preference.
This law allows a path for grandparents who have been heavily involved in their grandchildren’s lives to continue to spend time with them. A petition may succeed even if the parents oppose it — as long as the court determines that visitation is in the child’s best interests.
However, full-time custody is a different matter. When neither parent can care for their child, the child’s grandparents can petition for legal guardianship or custody. This happens only when necessary to protect the child's well-being. Courts will always start with the presumption that children should live with their biological parents unless proven otherwise.
When Do Grandparents Have Custody Rights?
In Washington, parents are presumed to have the right to care for their children. However, there are situations where grandparents may be able to gain custody.
Parental Unfitness
Sometimes, both parents are unfit to care for the child. This may be due to issues such as:
- Abuse or neglect
- Substance use and addiction
- Severe, unmanaged mental health disorders
- Incarceration
When a child is temporarily or permanently removed from their parents’ care, the child’s grandparents may petition for custody. In these cases, working with an experienced Spokane minor guardianship lawyer can help navigate the complex legal process of establishing guardianship when parents are deemed unfit.
Best Interests of the Child
Even if parents are deemed unfit, grandparents must also prove that granting them legal custody would be in the child's best interests.
The court will heavily consider whether the grandparents have an existing bond with the child. The grandparent may need to show evidence of their close relationship and their ability to take care of their grandchild’s needs. This evidence is especially important if another relative is also seeking custody of the child.
Death of a Parent
If a custodial parent dies, grandparents may have a strong case for custody, especially if they've already been involved in the child's life. However, courts will still prioritize the surviving parent's rights. If that parent does not want custody — or if the court deems them unfit — the grandparents can make a case for custody.
Can Grandparents Apply to the Courts for Access to Grandchildren?
In the state of Washington, grandparents can apply to the courts for access to their grandchildren provided certain qualifications are met.
Generally speaking, if a grandparent can demonstrate that their relationship has been beneficial and meaningful for the grandchild's well-being, and/or devastation would occur should contact be severed, then a court may be more likely to grant visitation rights.
If a parent actively attempts to prevent any relationship between the grandparent and grandchild, it is still possible but often more challenging to prove that such contact is in the child's best interests.
Depending on the severity of the circumstances at hand, where necessary the court may appoint psychologists or alike to further assess a given situation before it makes its final decision.
The Legal Process for Seeking Grandparent Custody
If you're a grandparent considering seeking custody in Washington State, here's a step-by-step guide to the process:
- Consult an attorney: Seek advice from a family law attorney experienced in grandparent custody cases.
- File a petition: Submit a petition for custody with the appropriate Washington court.
- Serve notice: Ensure all interested parties, including the child's parents, are properly notified of the custody petition.
- Gather evidence: Collect documentation and evidence supporting your case, such as records of your relationship with the child and evidence of parental unfitness.
- Attend mediation: The court may require mediation, where both sides attempt to reach a mutual agreement before a trial.
- Prepare for court: If mediation is unsuccessful, prepare for a court hearing where a judge will make a decision based on the evidence presented.
We understand that seeking grandparent custody is emotionally challenging. If you think you’re ready to take this journey, turn to the family law attorneys at Hodgson Law Office for personalized guidance and support.
Challenges Grandparents May Face in Custody Cases
Grandparents who seek custody can encounter many legal hurdles. Here are some of the most common challenges:
- Legal presumption favoring parents: Courts typically assume that parents should have custody unless proven unfit or unable to care for the child.
- Establishing standing: Grandparents must prove they have legal standing to petition for custody.
- Proving parental unfitness: Grandparents must demonstrate that the parents are unfit — that placing the child with them would harm the child's growth and development.
- Demonstrating best interests: Even if the parents are deemed unfit, the grandparents must show that being granted custody is in the child's best interests.
At Hodgson Law Office, our team stands side by side with grandparents who are determined to fight for their grandchildren’s safety, security, and happiness. We’ll provide the support you need to present a strong case for grandparent custody.
Protecting Your Role in Your Grandchild's Life
As grandparents, you play a vital role in your grandchild's life. When circumstances require you to seek custody, Hodgson Law Office is here to help. Don't embark on this journey alone — contact us today to discuss how we can help protect your relationship with your grandchild.
Concerned About Your Grandchild's Wellbeing?
Our experienced family law attorneys understand the delicate nature of grandparent custody cases. With nearly 20 years of experience helping Washington families, we can guide you through your legal options while protecting your grandchild's best interests.
FAQ
What orders can grandparents seek in court?
Depending on your situation, it is always best to consult with a lawyer about the most suitable court order for your family. Several commonly-used orders include:
- Special guardianship order, which grants the grandparent guardianship until the child turns 18.
- Child arrangement order, which includes arrangements for grandparent visitation and contact between the grandchild and their family.
- Kinship foster care, where grandparents become official foster carers.
- Adoption, which legally makes the grandparent a parent of their grandchild and severs ties with the birth parents.
The courthouse may also provide grandparents’ rights as part of existing family court proceedings.
What should I do if I can’t see my grandchildren?
Grandparents in Washington have rights if they can't visit their grandchildren. It is best to try to resolve the situation informally, but if it isn't successful, it may be necessary to seek outside assistance such as family mediation or the family court system. Grandparents can file court papers if they cannot come to a resolution with their grandchildren's parents.
What is the legal process like for grandparents’ rights?
Grandparents in Washington must go through a legal process to gain custody of their grandchildren. This includes a Mediation Information and Assessment Meeting (MIAM) to work out an agreement, then apply directly to the court for custody rights. Finally, a hearing at the family court will be held to make a decision. All involved parties must take into consideration all elements involved before initiating any action to ensure the best possible outcome.
