Minor Guardianship
In the past, if a non-parent wanted to obtain custody of a child in Washington state, a family law action would have been initiated under the Non-Parental Custody Statute. However, as of January 2021, that changed. Now, non-parents must pursue relief under the Minor Guardianship Statute. These cases are frequently brought by the child's grandparents or other relatives, although a familial relationship is not required.
There are two types of actions available for non-parents: Minor Guardianship or Emergency Minor Guardianship. Sometimes they are brought before the Court at the same time, but they are distinctly different legal cases.
Minor Guardianship
A Minor Guardianship case is filed when a non-parent wishes to have the right to care for the child for an extended period of time. Usually, it takes a few months to finalize a Minor Guardianship action through the Court. If an order is needed sooner, a Motion for Immediate Minor Guardianship might be necessary to file when the case is started.
Emergency Minor Guardianship
An Emergency Minor Guardianship is filed when a non-parent wishes to have the right to care for a brief period. An Emergency Minor Guardian may be appointed if the court finds that it is likely to prevent substantial harm to the minor's health, safety, or welfare; and no other person appears to have authority, ability, and the willingness to act to prevent substantial harm to the minor's health, safety, or welfare.
Parenting Functions
Both types of cases involve determination by the Court if the parent is able to perform parenting functions necessary for the care and growth of the child. Parenting functions include:
(a) maintaining a loving, stable, consistent, and nurturing relationship with the child;
(b) attending to the daily needs of the child, such as feeding, clothing, physical care and grooming, supervision, health care, and day care, and engaging in other activities which are appropriate to the developmental level of the child and that are within the social and economic circumstances of the particular family;
(c) attending to adequate education for the child, including remedial or other education essential to the best interests of the child;
(d) assisting the child in developing and maintaining appropriate interpersonal relationships;
(e) exercising appropriate judgment regarding the child’s welfare, consistent with the child’s developmental level and the family’s social and economic circumstances; and
(f) providing financial support for the child.
Any litigation related to children can be emotionally difficult and complex. Decisions made about each step of the litigation can affect the child and you for many years. We have decades of experience helping our clients and their loved ones and can help you through the process. Contact us today at (253) 838 – 3377 or email at office@bainslawfirm.com, to talk about your situation.
Disclaimer: All materials provided on this website have been prepared by Bains Law Firm for general information purposes only and no representation is made as to their completeness or accuracy. Information on this website is not intended as legal advice, and may not be relied upon as such. Only an attorney who can review the unique facts of each case and apply them to the statutes, case law and court rules can provide legal advice. Nothing in this website shall be construed to create an attorney-client relationship.
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