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Non-Parent Custody Cases

Effective December 31, 2020, the Non-Parental Custody Statute (RCW 26.10) is repealed, and will be replaced by RCW 11.130.185 et Seq., the Uniform Guardianship Act – Minors.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. YOU can find out more information HERE

Non-Parent Custody matters in Washinton are governed by both statutory and case law, and can be complex to navigate.  The original law has been repealed and replaced by the Washington Minor Guardianship Act, which is RCW 11.130.185 and the cases under that section. The process is completely different and includes new requirements for appointed attorneys for parents as well as replacing the former Guardian ad Litem with a Court Visitor with somewhat different duties.

The Court recommends that self-represented parties seek legal counsel in the area if possible. There is some guidance available from Washington Law Help.

Updated forms are available from the Administrative Office of the Courts at: https://www.courts.wa.gov/forms/?fa=forms.contribute&formID=141

 Please note Superior Court does not give legal advice and the foregoing materials should not be substituted for getting legal advice on your case.

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