Non-Parental Custody

Under Washington State family law, a person other than a parent may file an action seeking non-parental custody or visitation with a child. Because these actions can involve significant emotional challenges to all parties and children, special care must be taken.

Non-parental Visitation

Washington's non-parental visitation statutes were declared facially unconstitutional by our state's Supreme Court. Furthermore, much of the court's holding was affirmed by the United States Supreme Court in Troxel v. Granville. The high court was concerned that the Washington statutes were overly broad and did not require a high enough standard to overcome a parent's fundamental constitutional right to parenting decisions. As a result, almost all grandparents or other significant third parties will likely have to wait until the statutes are rewritten in Washington before third party visitation is available. These rulings do not affect non-parental custody.

However, the Washington Supreme Court did announce a very narrow, common law action for De Facto parentage. A third party may get visitation with a child if that third party has been acting as the child's parent with the permission and encouragement of the child's parent for some time. The action is similar to a non-parental custody action, in that the standard is quite high. The standard is complex and narrow and should be explained by a non-parental custody attorney.

McKinley Irvin parental custody lawyers have represented many clients in non-parental custody and visitation actions. We understand that the total picture of a child's well being after an emotional family challenge includes the child's relationships with other significant persons. In other cases however, third parties unnecessarily infringe on a parent's ability to provide a child's best interests. McKinley Irvin's parental custody lawyers have the experience and effective litigation strategies to represent clients who are either seeking or defending against non-parental visitation actions.

Non-parental Custody

In some cases a child's best interests may be served by granting non-parental custody to a non-parent. An action for non-parental custody can only be brought when neither of the child's parents has physical custody of the child, or when the third party shows that the child's parents are unfit. Before advising a client to go forward with an action for non-parental custody, a McKinley Irvin parental custody attorney will thoroughly review the case with the client and advise on its strengths and weaknesses. McKinley Irvin's parental custody attorneys and custody lawyers handle all non-parental custody cases with intensity and respect, and with a sense of responsibility to the best interests of the children involved.

Other non-parental custody areas: