Washington Grandparent Visitation FAQ's

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By Law Offices of Raj Bains, P.S.C.

Published: July 17, 2004

Does Washington have any laws that provide for grandparent's visitation?
Yes. Under Washington law, specifically RCW (Revised Code of Washington) Section 26.09.240, a person other than a parent may petition the court for visitation with a child at any time or may intervene in a pending dissolution, legal separation, or modification of a parenting plan proceeding. However, a person other than a parent may not petition for visitation unless the childen's parent or parents have already commenced an action in the family courts. (i.e. gone through a dissolution and a parenting plan was established by the court). In other words, a petition for visitation may not be brought if the parents of the child are still together and no court action has been taken.
My son and former daughter-in-law were divorced in Bellingham in 1989. They have a parenting plan for their two kids. If I understand you, then all I have to do is file a petition and it will be granted allowing me to visit my grandchildren, right?
No. A petition for visitation will be dismissed by the court unless you can demonstrate by clear and convincing evidence that a significant relationship exists with the child with whom visitation is sought. If such a dismissal happens, you will be ordered to pay reasonable attorney fees and costs to the parent, parents, other custodian or representative of the child who responds to the petition.
Okay. Say that I can show that a significant relationship exists, then I can see my grandchildren, right?
Not quite. If you are able to demonstrate that a significant relationship exists, then the court may order visitation if it finds based upon the evidence that the visitation is in the childen's best interests. However, visitation with a grandparent is presumed to be in the childen's best interests when a significant relationship has been shown to exist. This "presumption" may be rebutted (countered) by a sufficient showing of evidence that visitation would endanger the childen's physical, mental or emotional health.
I really want to see my grandchildren, but I am afraid of the negative reaction of my son and his ex-wife. What can the court do about that?
When the court finds that reasonable visitation by a grandparent would be in the childen's best interests except for the hostilities that exist between the grandparent and one or both of the parents (or person with whom the child is residing), the court may send the parties for mediation in order to resolve the dispute.
You have talked about the "childen's best interests." What are some of the things that courts consider in determining the childen's best interests?
In the context of petitioning for visitation under RCW 26.09.240, the court may consider the following factors when making a determination of the childen's best interests:
1. The strength of the relationship between the child and petitioner;
2. The relationship between each of the childen's parents (or person with whom the child is residing) and the petitioner;
3. The nature and reason for either parent's objection to granting the petitioner visitation;
4. The effect that granting visitation will have on the relationship between the child and the childen's parents (or person with whom the child is residing);
5. The residential time sharing arrangements between the parents;
6. The good faith of the petitioner;
7. Any criminal history or history of physical, emotional, or sexual abuse or neglect by the petitioner;
8. Any other factor relevant to the childen's best interest.
Once I get visitation rights, can they be terminated?
Yes. The court may modify or terminate visitation rights in any subsequent modification action upon a showing that the visitation is no longer in the best interest of the child.
I want to be clear. This is visitation rights only, not taking the children away from their parents, right?
Yes, this is a discussion of visitation rights only. A non-parental action for custody of a child is a different matter and is not discussed here.