Non-Parent Custody Law Changes - IMPORTANT NOTICE


Effective December 31, 2020, the Non-Parental Custody Statute (RCW 26.10) is repealed, and will be replaced by RCW 11.130.185 et Seq., the Uniform Guardianship Act – Minors. This memorandum will address how the Court is addressing pending cases.

Effective January 1, 2021, the Court will dismiss any cases that do not have either a final order or a temporary order. The Court will dismiss cases with temporary orders after the latter of, A. One year from the last court action in the case, or B. December 31, 2021.

Any final orders signed in completed non-parental custody cases, prior to December 31, 2020 will remain in full force and effect.

Any modification to either temporary or final orders will require a new filing under the new minor guardianship statute, RCW 11.130.185, et seq.

If you have a case pending and wish to obtain a final order, you must finalize your case prior to December 31, 2020; otherwise, you will need to file a new Petition for Minor Guardianship under RCW 11.130.185 et seq.

If you have a Non-Parent (Grandparent or Third Party) Custody case pending in Washington State, you should immediately seek legal guidance as your case will be severely impacted as of January 1, 2021
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