Non-Parental Custody Law Change

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At this time, the current law regarding Non-Parental Custody, RCW 26.10, is scheduled to be repealed (no longer in effect) after January 31, 2021.
 

If you have any 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 January 31, 2021 will remain in full force and effect. After February 1, 2021, 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 January 31, 2021 will remain in effect until the case is converted to a minor guardianship proceeding or dismissed. The deadline to convert a case is June 30, 2021. 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. 

 

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 (Form GDN M 102) under RCW 11.130.185 et seq.

 

Effective January 1, 2021, all new petitions will require filing under the new minor guardianship statute, RCW 11.130.185, et seq.