Under certain circumstances, a non-parent, such as a grandparent, may have a case for visitation rights with a child, arguably in that child’s best interest. The Washington State legislature passed two statutes—RCW 26.09.240 and RCW 26.10.160(3)—which provided for legal action to effectuate non-parental visitation rights in Seattle child custody actions.

However, the Washington State Supreme Court declared both of the laws unconstitutional. The Court held that since parenting is a constitutionally fundamental right, a higher standard than “the best interests of the child” must be proven to overcome that right and require a parent to cooperate with a visitation schedule involving a third party. The Washington statutes as enacted used only the “best interests of the child” standard.

Therefore, until the legislature is able to rewrite the statutes, Seattle child custody actions for third party visitation may only be accomplished by agreement between the parties, or through a full blown third party custody action. When a child suffers abuse or neglect, a Seattle custody action by a third party is appropriate. However, the legal standards in such an action are hard to make, and litigation can be very taxing and complex. A Seattle child custody attorney should analyze such a case carefully before deciding that such an action may be warranted.

The Washington State Supreme Court has announced the possibility of a case for “de facto” parent status. This Seattle child custody action can be filed when a person acts like a parent to a child, but has not formal parental rights under an adoption or paternity declaration. The circumstances of such an action are very narrow and very complicated, and an experienced Seattle child custody attorney should be consulted. McKinley & Irvin family law attorneys have represented clients in hundreds of child custody cases and are thoroughly familiar with Washington State family law.

Seattle child custody attorneys from McKinley Irvin are available to represent either the parent or non-parent in third-party visitation cases. Our attorneys take their responsibility to the best interests of the child seriously, and will always be up front regarding your options in visitation and Seattle child custody actions.