Grandparents’ Rights Attorney in Vancouver, Washington

When it comes to family law, one aspect that often doesn't receive the attention it deserves are grandparents' rights. This is a complex yet crucial area that impacts the lives of many families. Grandparents play an indispensable role in their grandchild's life, and maintaining this bond is essential. But what happens when circumstances complicate this relationship? That's where an understanding of your rights becomes vital.

At Keystone Family Law, we're here to help. We understand the intricacies of grandparents' rights and the unique challenges these cases can pose. Our attorney, Courtney Himes, has the knowledge and compassion needed to guide you through this complicated legal landscape.

We're committed to ensuring your voice is heard, and your rights are protected. Whether you're seeking visitation rights or have other concerns about your legal role as a grandparent, our team will stand by your side, advocating for the best possible outcome for you and your family. 

Understanding Grandparents' Rights in Washington State 

Grandparents' rights in Washington encompass visitation rights and, in some cases, custody rights. These rights aim to protect the bond between a grandparent and a grandchild, especially in circumstances where this relationship could be disrupted. It’s important to remember that these rights aren’t automatic. They're typically invoked in situations where the parents are unable or unwilling to care for the child, or when the grandparents' access to the child has been unreasonably denied. 

Visitation Rights With Grandparents 

The process of determining visitation rights is complicated, but the child's well-being is always at the heart of it. We get that the child's welfare is the most important thing and we work hard to make sure their needs are met. The court understands that a child benefits from having a relationship with their grandparents, especially if it's in their best interests. 

Now, it's worth noting that Washington has stricter laws around visitation rights. This means it's usually easier for grandparents in other states to be granted visitation to their grandkids than it is in Washington. Because of this, having a skilled family law attorney to help you work on your specific situation may be beneficial. 

Applying for Visitation 

In Washington, the law understands that people other than parents, like grandparents, stepparents, or close friends, might play a big part in a child's life. That's why Washington law allows nonparents to apply for visitation rights, giving them a chance to keep their relationship with the child. This application for nonparent visitation, means the applicant has to show that denying visitation would harm the child's physical, emotional, or mental health. The court, always keeping the juvenile's best interests in mind, will balance this against the rights of the parents to make decisions about their kid's care and upbringing. 

Here is the general process: 

• Step 1: Determine Eligibility - In Washington, grandparents may be granted visitation rights if they have established a substantial relationship with the grandchild.  

• Step 2: File a Petition - The grandparent must file a petition with the court, stating the reasons why they believe it's in the child's best interest to have visitation with them.  

• Step 3: Notification - After the petition is filed, the grandparents must notify the child's parents or current legal guardians about the petition.  

• Step 4: Court Hearing - A court hearing will be held where both parties can present their arguments. It's advisable to prepare evidence demonstrating the grandparent-grandchild relationship and its benefits.  

• Step 5: Court Decision - The court will weigh the evidence and make a decision based on the child's best interest. If the court agrees that visitation is beneficial for the child, it will grant the grandparent visitation rights.  

Once the court order is received, the grandparents can schedule their visits according to the stipulated terms.  

When deciding on visitation rights, many factors are considered. These include the minor's relationship with their grandparents, the child's preferences (if they're old enough to express them), the grandparents' relationship with the minor's parents, and any history of abuse or neglect. In order to apply for visitation as a grandparent, one of the following must be true: either there’s been an ongoing and substantial relationship for over two years with the child; or the person is a relative of the child and the child may suffer harm or be at risk of harm if visitation is denied.  

Objections and Limitations 

A parent can object to the application for visitation. They can do this by showing proof that the grandparent’s visitation would harm the child's physical, emotional, or developmental health. Plus, the court can deny visitation if the juvenile's parents are still married and living together, as the law assumes that the minor's best interest is being met under these circumstances. 

Every one of these factors is carefully weighed to come up with a balanced and fair decision that serves the child's best interests. 

Grandparents’ Rights and Custody of Minors 

In certain situations, such as when the parents are unable to provide care or when it is deemed in the best interests of the child, grandparents may be granted guardianship of their grandchildren. This is a decision that is not taken lightly by the courts, as they thoroughly examine various factors to ensure the child's safety and well-being. 

New Minor Guardianships & Non-Parental Custody Laws 

As of 2021, the state of Washington adopted a new minor guardianship law, stating that new Non-parental custody cases cannot be filed after January 2021. Now, individuals and couples looking to gain custody need to file for Minor Guardianship and/or Emergency Minor Guardianship. This new law is quite different from the old one, so it’s important to understand Minor Guardianship laws if a non-parent is looking for custody. 

How Keystone Family Law Can Help 

Our team at Keystone Family Law provides invaluable assistance in protecting and advocating for grandparents' rights. We help grandparents understand their legal rights and options, guide them through the legal process, and represent their interests in court. 

We gather evidence, present compelling arguments, and negotiate on behalf of the grandparents to ensure the best possible outcome. We also help grandparents understand the factors that the court considers when making decisions about visitation or custody and work towards a resolution that is in the best interests of the child.