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Non-Parental Custody Repealed

Updated: Nov 13, 2020

As of January 1, 2021 the Non-Parental Custody Law is repealed. The law is RCW 26.10. 2.

A new minor guardianship law also takes effect on January 1, 2021. That law is RCW 11.130. Article 2.

Q & A:

What happens to a final non-parental custody order on January 1, 2021? The statute says non-parental custody orders remain in effect and don’t need to be reissued.

What happens if I have started a non-parental custody case but it isn’t finished on January 1, 2021? The new law doesn’t say what happens to those cases. You might have to start a new case under the minor guardianship law.

What if I have a temporary order in a non-parental custody order case? Is it still in effect on January 1, 2021? It may or may not be effective on January 1, 2021. The courts will decide whether the temporary orders are still effective.

What law applies if I want to modify (change) or terminate (stop) a nonparental custody order starting January 1, 2021? The petition to change or stop a non-parental custody order is subject to the requirements of RCW 11.130 starting January 1, 2021. This petition may have to be filed as a guardianship case.

As always, speak to an attorney before starting a nonparental custody or guardianship case.


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