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How Grandparents Can Gain Custody of Children in Washington State

Writer's picture: Mackenzie SorichMackenzie Sorich

How Grandparents Can Gain Custody of Children in Washington State

In Washington State, grandparents may find themselves in a difficult situation when they need to seek custody of their grandchildren in order to protect them. Whether it's due to a parent's inability to care for the child, an illness, or other unforeseen circumstances, grandparents may play a crucial role in ensuring a child’s well-being. While custody laws favor the child's parents, there are legal paths grandparents can explore to gain custody. Here’s an overview of the process and what grandparents need to know if they are seeking custody of their grandchildren.


When Can Grandparents Seek Custody?

Grandparents may seek guardianship if the child's parents are unable or unwilling to care for them due to reasons such as illness, substance abuse, imprisonment, abandonment or neglect. 


In situations involving abuse or neglect, custody may be awarded to grandparents to ensure the child’s safety. The court will evaluate the circumstances and decide based on the child’s best interest, considering factors such as the parents’ ability to provide appropriate care, child’s relationship with the grandparents versus other available non-parent potential guardians, and the suitability of grandparents to serve as guardians.


In Washington State, grandparents can seek legal custody through a minor guardianship petition whether or not the parents agree. Grandparents can seek adoption if the legal parents agree or their rights have already been terminated by the State.


The Legal Process for How Grandparents Can Gain Custody of Children in Washington State

To gain custody, grandparents must file a minor guardianship petition or adoption petition in family court. The court will then determine whether granting custody to the grandparents is in the child’s best interest. Working with a qualified attorney can help ensure the proper steps are taken while working to help you get custody. 


In addition to filing a guardianship petition, the child’s parents must be notified of the petition. The parents may contest the petition, which will lead to a custody hearing and potentially a trial. During a court hearing, both sides can present their case for custody. The judge will consider factors such as the child’s relationship with the grandparents, the stability of the grandparents’ home, and the parents’ ability to care for the child. The court will also consider any history of abuse or neglect.


Ultimately, the court will make a decision based on the child’s best interest. With adoption, the legal parents or State must consent. In Washington, the court considers several factors in determining the child’s best interest, including the emotional ties between the child and the grandparents, the child’s safety and stability, and the child’s preferences if they are old enough to express them.


Grandparents’ Visitation Rights

If grandparents are not granted full custody, they may still be able to seek visitation rights. Washington State law allows grandparents to petition for visitation if they have a significant relationship with the child and can prove that the lack of visitation would harm the child.


Seeking Legal Help

Navigating the custody process can be complex, especially when it involves family members. Seeking help from an experienced family law attorney is crucial to ensure your case is handled properly and that the child’s best interest is prioritized. A lawyer can help you understand the legal process, assist in filing the necessary documents, and represent your interests in court.


You can contact us if you need help learning how grandparents can gain custody of children in Washington State.


Grandparents’ Role in Custody Decisions

If you are a grandparent seeking custody of your grandchild, it is essential to understand the legal process and the factors the court will consider. It is also important to recognize that custody decisions are based on the child’s best interest, and grandparents can play an invaluable role in ensuring the child’s safety, stability, and well-being. If you are considering seeking custody through minor guardianship or adoption, it’s a good idea to consult with an experienced family law attorney to guide you through the process.


For assistance, call us at 206-703-0764 or contact us online to schedule a consultation.

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