NON-PARENTAL CUSTODY CASES – IMPENDING LAW CHANGE
General Order 20-19 Repeal of RCW 26.10 and Rule Regarding Pending Cases
At this time, the current law regarding Non-Parental Custody, chapter 26.10 RCW, is scheduled to be repealed (no longer in effect) upon the completion of the current state of emergency or upon earlier rescission of the Governor's proclamations and legislative resolutions governing the suspension of the statute’s repeal, whichever occurs first.
If you have a Non-Parental Custody matter pending before the Court, you are urged to resolve your case as soon as possible. A case may be resolved by the entry of default orders, if appropriate, the entry of agreed orders with all parties, or by trial. Pending matters are those matters that have been filed, but final orders have not been entered.
Any Non-Parental Custody final orders filed prior to the effective date of repeal will remain in full force and effect. Any modifications to final orders will require a new filing under the new minor guardianship statute, RCW 11.130.185, et seq.
Any temporary orders entered prior to the effective date of repeal will remain in effect until the case is converted to a minor guardianship proceeding or dismissed.
Sixty (60) days after the effective date of repeal of chapter 26.10 RCW, the Court will dismiss any existing non-parental custody cases that do not have a final order entered and that have not been converted to a minor guardianship. If your case is not converted by that date, your case will be dismissed, and your temporary order will no longer be valid.
To convert an existing Non-Parental Custody case to a minor guardianship, a party must file a Motion to Convert the existing case to a minor guardianship and cite the matter on in front of the assigned family law Judge. .
If your case is dismissed and you want to continue to have custody/guardianship of the minor child, you will need to file a new Minor Guardianship Petition under RCW 11.130.185 et seq. using the following forms:
Summons (Form GDN M 001)
Petition (Form GDN M 102)
Notice of Hearing (Form GDN M 101)
Declaration Explaining Reasons for Minor Guardianship (Form GDN M 103), and
Confidential Information Form
Effective January 1, 2021, all new petitions will require filing under the new minor guardianship statute, RCW 11.130.185, et seq.