WomensLaw serves and supports all survivors.

Legal Information: Washington

Custody

View all
Laws current as of August 8, 2025

Can a non-parent file for custody of a child?

In Washington state, non-parents cannot file for “custody,” but they can file for guardianship. A non-parent can file for guardianship of a minor child only if:

  1. each parent of the child has consented to the guardianship;
  2. all parental rights have been terminated; or
  3. there is clear evidence that neither parent is willing to exercise their parenting functions.1

The Washington Courts website has links to the court forms that are needed to file a guardianship case. WashingtonLawHelp.org has additional information about non-parental guardianship, but please note that WomensLaw.org is not affiliated with WashingtonLawHelp.org and cannot vouch for the information contained on that site.

For more information, you may want to talk to a lawyer. See our Washington Finding A Lawyer page for legal referrals.

1 R.C.W. § 11.130.185(2)

Legal Information

© 2008–2025 WomensLaw.org is a project of the National Network to End Domestic Violence, Inc. All rights reserved. This website is funded in part through a grant from the Office for Victims of Crime, Office of Justice Programs, U.S. Department of Justice. Neither the U.S. Department of Justice nor any of its components operate, control, are responsible for, or necessarily endorse, this website (including, without limitation, its content, technical infrastructure, and policies, and any services or tools provided). NNEDV is a 501©(3) non-profit organization; EIN 52-1973408.