Can Grandparents or Extended Family Get Visitation Rights in Washington State?

Although parents play monumental roles in a child’s life, relationships with other family members and loved ones can also be essential to the child’s growth and well-being. Sometimes, grandparents, aunts, or stepparents can become primary caregivers, as they are able to spend more time interacting with and caring for the child. Even if these non-parent figures do not have full legal custody of the child, their presence in the child’s life can be pivotal and lasting. However, there are times when the child’s parent tries to prevent grandparents or extended family members from visiting or spending time with the child. From a legal perspective, parents have the fundamental right to raise their children and make decisions about what is best for their children without government interference. This includes a parent’s right to decide which individuals may visit, care for, or interact with their child (and under what circumstances this contact can occur). For instance, a parent may forbid grandparents from visiting, calling, or contacting the child, which can be distressing and frustrating to grandparents who simply want to spend time with their grandchild. 

In Washington state, grandparents and other extended family members can petition the court to secure visitation rights, even if this goes against the parents’ wishes. If the court determines that having contact with extended family or grandparents supports the child’s best interests and that depriving these individuals of visitation rights would put the child at risk of harm, then the judge will consider this request. Third-party custody and visitation cases can be highly emotional and challenging to navigate, which is why enlisting the guidance of an experienced and caring Seattle family law attorney is greatly encouraged. This post will explore the process of pursuing grandparent visitation rights in Washington state and the benefits of working with a highly qualified and trusted Seattle custody attorney to support you through every step of the legal process. 

Legal Standards for Third-Party Visitation in Washington State

Non-parents can file for visitation rights in Washington, but they must do so through the court system and meet specific requirements in order to proceed. Here are just a few of the factors that are involved when the court considers extended family visitation in custody cases. 

Who Can File For Grandparent or Third-Party Visitation?

Under RCW 26.11.010, relatives of the child may petition the court to obtain visitation rights. From a legal standpoint, a “relative” can be any of the following: 

• Blood relatives (half-sibilings, first or second cousins, grandparents, great-grandparents, etc.)
• Stepfathers, stepmothers, and stepsiblings
• Someone who has legally adopted the child or the child’s parent
• Spouses of blood relatives, stepparents, stepsiblings, or legal guardians, even after the marriage ends
• Relatives of extended family members

It’s worth noting that the term “relative” does not include someone whose parental rights have been terminated, relinquished, or determined not to exist. If you have specific questions about whether your relationship to the child meets the legal definition of “relative,” reach out to a dedicated and trusted Seattle family law attorney to learn more. 

What Do Grandparents Seeking Visitation in Washington State Need to Prove?

Qualifying relatives can move forward with the formal process of seeking visitation rights, as long as they meet three criteria. RCW 26.11.020 specifies the conditions that the petitioner must meet in order for the court to consider their request:

• The petitioner must show that they have an ongoing and substantial relationship with the child
• The petitioner must be a relative of the child or a parent of the child
• The petitioner must be able to show that the child is likely to suffer harm or substantial risk if the court denies their request for visitation rights

If the court finds that these three elements are met, the petitioner may be granted visitation rights. 

What “Substantial Relationship” Means Under Washington State Law

A core element of any successful petition for visitation rights is demonstrating that you already have a substantial and ongoing relationship with the child. Under RCW 26.11.020, “A person has established an ongoing and substantial relationship with a child if the person and the child have had a relationship formed and sustained through interaction, companionship, and mutuality of interest and affection, without expectation of financial compensation, with substantial continuity for at least two years unless the child is under the age of two years, in which case there must be substantial continuity for at least half of the child’s life, and with a shared expectation of and desire for an ongoing relationship.” In other words, the relative petitioning the court for visitation rights needs to demonstrate the history of caring for and interacting with the child in a loving and enriching way. If you need help navigating family court and non-parent visitation petitions, you can enlist the guidance and support of a knowledgeable and empathetic Seattle custody and visitation lawyer. 

What Factors Does the Washington Court Consider When Evaluating a Third-Party Visitation Request?

Just as every family is different, every family law case is unique. The court considered several factors when deciding whether to grant a relative’s request for visitation rights in King or Pierce County. As you prepare to file your petition for visitation rights, it’s worth reviewing some of the elements that the court will use to inform its decision. Here are some of the factors that a judge may use when evaluating your petition:

• The love, affection, and strength of the current relationship between you and the child
• How this relationship is beneficial to the child
• The length and quality of this relationship before the parent or other party (the respondent) denied you visitation rights
• The relationship between you and the respondent
• The love, affection, and strength of the current relationship between the child and the respondent
• The nature and reason for the respondent’s objection to granting you visitation opportunities
• The effect that granting visitation will have on the relationship between the child and respondent
• The residential time-sharing arrangements between you and the respondent having residential time with the child
• Whether you and the respondent are acting in good faith
• Whether there are concerns about you being a safe caregiver (i.e., a history of abuse or neglect)
• The child’s preferences, as long as the child is old enough to articulate their preference
• The fact that the respondent has not lost their parental rights by being adjudicated as an unfit parent
• Any other relevant factors pertaining to the child’s best interests

You and your dedicated legal advocate can work together to build a strong petition so that you can maximize your chances of securing the visitation rights you are seeking. 

Filing a Petition for Non-Parent Visitation in Seattle

If you are ready to proceed with your petition for visitation rights, you can move through the following steps. While hiring an attorney is not required, doing so is highly encouraged to ensure that all forms are completed thoroughly and that all filing deadlines are met. Here are the steps you can expect to take when filing for visitation rights in Washington state.

Complete and File the Legal Paperwork

You can complete the Summons and Petitions for Visits documents, as well as an affidavit that explains the situation and why you believe securing visitation rights would be in the best interests of the child. Once you have completed these documents, you will need to file them with the court in the county where the child primarily resides. If you need help locating, completing, or filing these forms, please enlist the support of a qualified and trusted Seattle child custody and visitation attorney.  

Serve the Petition on the Respondent

When you file the forms with the court, you will also need to have the party who is denying you visitation (the respondent) served with copies of these documents. Once the respondent has received these forms, they have the right to file an opposing affidavit that explains their position and argues why denying you visitation rights is in the best interest of the child. 

Prepare For and Attend a Hearing

If the court finds it necessary to hold a hearing, you will receive notice of the date and time. You can prepare to present your case and answer any questions the judge may have about your petition. Once the judge has reviewed the case, they will make a decision based on the child’s best interests. It’s worth noting that securing visitation rights does not mean that you are granted the rights and duties of a parent. 

Learn More About Seeking Visitation Rights Today

If your grandchild’s parents are preventing you from spending time with the child or caring for them like you used to, this can be an upsetting and frustrating experience. During this challenging time, it’s important to find sources of support so that you can assess your options and identify the most strategic course of action. When you enlist the guidance of a top Seattle family law attorney, you can share your concerns and receive the information you need to make decisions with greater confidence. 

For trusted legal guidance that is customized to address your specific needs and goals, reach out to the highly experienced and trusted team of divorce and family law attorneys at the Hemmat Law Group. We believe in treating every client we serve with the care, attention, and respect they deserve during this challenging time in their lives. Our client-centered approach allows us to identify the most effective strategy to help you achieve a fair and favorable outcome. Please contact our Seattle, Washington office today at (206) 682-5200 to get started.