Child custody laws in Washington refer to the laws that grant a set of legal rights to a biological or adoptive parent in Washington. It is important to note that child custody laws in Washington automatically grant child custody rights of a child to their biological mother upon the birth of the child.
Child custody may also be obtained upon receiving custody of a child in a divorce or legal separation setting. For instance, if two parents were married and both had automatic rights to custody of a child, then they later split, child custody laws will be used to determine the custody rights of each parent.
It is important to note that a parent who has legal custody over their child in Washington will have certain parental rights to make important legal decisions on behalf of that child. Examples of important decisions that an individual possesses when they have legal custody over a child include, but are not limited to:
- The right to make educational decisions for the child, such as what type of school they go to and other educational choices
- The right to make religious decisions regarding what religion to raise the child in
- The right to make legal decisions on behalf of the child, such as whether or not to enter into certain legal contracts on behalf of their child or the right to represent their child in a lawsuit
- The right to make medical decisions for the child, such as whether or not the child should undergo invasive and noninvasive procedures
- The right to consent to the marriage of the child if underage
- The right to make decisions regarding the psychiatric treatment of the child
- The right to choose whom the child associates with
It is important to note that as of January 2021 in Washington, there is a new law that created a different court process for authorizing someone to take care of a child under age 18 who is not their own. In the past the individual interested in obtaining custody would file for non-parent custody. However, with the new law, individuals interested in obtaining custody must now file for guardianship of a minor.
What Is the Process for Obtaining Custody of a Sibling?
In Washington, a family court will consider certain factors when awarding custody of a child. As mentioned above, for siblings specifically, the new law does not allow the sibling to obtain custody, but instead, they may seek to obtain guardianship over their minor sibling. However, if you are a sibling who obtained custody prior to the new law, your custody orders will remain the same.
As far as the process for obtaining custody over a sibling, a family law court in Washington would historically consider the following factors when awarding custody of a child:
- Each party seeking custody’s relationship with the child
- Each party seeking custody’s history of interactions with the child
- Whether one party seeking custody has been acting as the child’s primary caretaker and how long they have been the primary caretaker
- The child’s background, such as their attachment to their home, neighborhood, and school
- The mental and physical health of each party seeking custody
- The mental and physical health of the child
- Each party seeking custody’s financial state
- Each party seeking custody’s residence and the state of the residence
- Whether the child has any special needs, such as health, mental, or medical needs
- The wishes of the child’s parents, if they have both agreed to a particular custody arrangement
- The child’s wishes if the child is old enough and capable of stating a preference
It is important to note that even though siblings may no longer seek custody of their minor sibling when the court is making a decision as to whether or not to grant them guardianship, the above factors will still be considered. These factors are known as the child’s best interest standard.
The child’s best interest standard is a legal standard that all family courts adhere to when making decisions regarding children and child custody. Under the child’s best interest standard, any decisions that will affect a child, such as child custody or minor guardianship, should ultimately benefit and protect the child.
As such, when it comes to awarding a minor guardianship of a child to their sibling, the sibling must follow the same process as a parent seeking custody. In other words, in order to get custody of a sibling, the older sibling will need to follow the proper procedures of filing for minor guardianship over their younger sibling. This will be based on their ability to prove that naming them as the child’s legal guardian is in their child’s best interest.
How Old Do You Have to Be to Take Custody of a Sibling in Washington?
In order to obtain legal guardianship of a sibling in Washington, the older sibling seeking custody must be at least 18 years of age or older. Further, the sibling that the older sibling is seeking to gain guardianship over must be under 18 years of age or otherwise legally dependent.
Finally, in order to receive guardianship over a minor sibling, parents must voluntarily give up legal custody, or a judge must revoke it. The suspension of legal custody can be temporary or permanent, but it will be determined by a judge. For example, in the case of child abuse, a minor sibling may be able to step in to assume pseudo-custody of their minor sibling through legal guardianship.
Can a Sibling Be a Legal Guardian?
As mentioned above, yes, under Washington law, a sibling may be the legal guardian of a younger sibling. However, when it comes to being named legal guardian of a younger sibling, a family law court will typically only award an older sibling legal guardianship in extreme circumstances.
For instance, if there are no parents or grandparents available to be named legal guardians of the minor child, or if there is evidence of child abuse, then the older sibling may be considered for legal guardianship over their minor sibling.
It is important to note that legal guardianship over a minor and custody are not the same. First, a parent who objects to someone else taking guardianship over their child or children may get a lawyer appointed at public expense if they cannot afford one. Second, the person who files for minor guardianship must notify more people about the case than if they were filing for non-parent custody like in the past.
Next, children may have more rights in a minor guardianship case than in a non-parent custody case. Finally, someone who obtains minor guardianship over their sibling can choose to have physical custody of the children (i.e. their sibling lives with them most of the time) the same as if the court awarded them non-parent custody. However, they can also choose to let the children live with someone else, such as an aunt, uncle, grandparent, etc.
What Else Should Be Considered?
It is important to also consider the costs associated with obtaining legal guardianship of a sibling. When it comes to estimating the overall cost of a guardianship case, the following will affect the cost:
- Whether or not the parent objects to the guardianship. If the guardianship is contested, the dispute will likely be more complicated and include taking depositions, filing temporary motions, excessive court time, and often the hiring of expert witnesses, such as child psychologists and other experts
- When it comes to guardianship cases, it is often advised to seek representation from a local attorney in Washington. Attorney fees will then vary based on the amount of time the attorney spends on the case, as well as the attorney’s hourly fee
- There are also miscellaneous fees that add up quickly in guardianship cases, including paying process servers, paying court costs, undergoing a background check, taking a guardianship course, paying for certified copies of documents, and other fees that are commonly involved in handling a guardianship case
Do I Need an Attorney for Sibling Custody Issues?
As can be seen, numerous presumptions are taken into consideration when determining whether or not an older sibling should be named as legal guardianship over their minor sibling. As such, if you are seeking to be named the legal guardian of a sibling, it is in your best interests to consult with an experienced Washington child custody lawyer.
LegalMatch can assist you in setting up an initial legal consultation with a custody lawyer in your area. An experienced child custody attorney will be able to help you understand Washington’s specific laws on a sibling obtaining guardianship over a minor sibling, including any custody presumptions that are utilized by your local family law court.
Additionally, an attorney will also be able to help you gather evidence to rebut any custody presumptions or objections to being named legal guardian. An attorney will also be able to guide you through the process of filing the application for guardianship and doing all of the necessary background checks and guardianship courses. Finally, an attorney will also be able to represent you in court, as needed.
