Non-parent visitation rights

Yes. State law changed in June 2018. Now some people can file to ask a Superior Court to give them visits with a child who isn’t theirs. You can read the law at RCW 26.11

You can file if you’re any of these: 

• Any blood relative
• Any blood relative’s spouse
• Stepparent, step-sibling
• Half-sibling
• A relative as defined by the law or custom of the child’s tribe, if the child is Indian
• If the child is Indian, and no tribal law or custom defines extended family members, any grandparent, adult aunt or uncle, adult sibling, adult brother- or sister-in-law, any adult niece or nephew, any adult first or second cousin, or a stepparent 

You can’t file if you’re a parent whose parental rights were ended (terminated) by a court. 

You also can’t file if you’re a parent who gave up (you surrendered) your parental rights.

Maybe. The non-parent (Petitioner) must file a form called a Petition starting a court case and written declarations from people who agree Petitioner should have visits. The judge will read this paperwork. The judge will only schedule a hearing if, after reading the paperwork, the judge decides they will probably grant visits.  If the judge doesn’t think they’ll grant visits, there won’t be a hearing. 

At the hearing, the parent who has custody can argue against visits.

Probably. The judge will assume (presume) a parent’s decision to deny someone visits with the children is in the children’s best interest. The non-parent must prove by clear and convincing evidence that not allowing visits would harm the children. 

In most civil cases, you only have to prove things by a “preponderance of the evidence” — meaning you can show that something is more likely true than false. “Clear and convincing evidence” is harder. For that, you must prove something is very likely true.

If you can cast doubt on the non-parent’s evidence, they’ll have a hard time convincing the judge to give them visits. 

If you’ve received a Petition for Visits, and you don’t believe the Petitioner should have time with your children, you must respond in writing before the deadline listed in the court papers. You can use the form Response to Petition for Visits (FL Visits 478).

The Petitioner must serve a copy of the Petition on both parents, whether or not they’re together or have a parenting plan. The parents can each respond separately, or together on the same form. 

In a Petition for Visits case, the judge must first decide if the Petitioner has had an ongoing and substantial relationship with the children. Then the judge must then decide if denying the Petitioner visits with the children would harm the children and be against the children’s best interest. Here are 2 examples where the Petitioner might get visits.

Example 1: A child’s aunt has taken care of the child regularly after school for many years and is very close to the child, who is transgender. The aunt provides a safe space and support for the child to be themself. The child’s parents don’t support how the child expresses their gender identity. The parents believe the aunt’s support is negatively influencing their child. The aunt files a Petition for Visits, explaining her close relationship with the child of many years and citing the evidence about suicide rates for trans children who lack family support.

Example 2: The father left the mother and child shortly after the child’s birth. He paid no support and never tried to contact them again. When the child was a toddler, the mother was sent to prison. The child’s adult paternal cousin raised the child while the mother was in prison. The mother is now out of prison and has the child. The cousin was the child’s only parent figure for 10 years, but the mother refuses the cousin contact with the child because the mother is still angry that the father abandoned them. The cousin files a Petition for Visits. The cousin includes a declaration from a child psychologist who specializes in family reunification. It explains the importance of the child continuing to see this parent figure during this stage of the child’s development. 

To ask for visits, a non-parent must first prove that they have an ongoing and substantial relationship with the children. The law defines this as a relationship formed and kept up through interaction, companionship, and mutual interest and affection. The non-parent doesn’t expect to be paid for this relationship. The relationship must have lasted for at least 2 years.

The judge will look for the non-parent’s involvement in that child’s life for at least half the child’s life, with a shared expectation of and desire for an ongoing relationship.

The judge could order you to pay the parents’ attorney fees, even before there’s any hearing. You could also have to pay the parents’ legal costs and attorney fees if you end up going to a hearing, and you lose. 

No. The law only allows you to file for non-parent visitation once.