H-1083.2 _______________________________________________
HOUSE BILL 1899
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State of Washington 52nd Legislature 1991 Regular Session
By Representatives Scott, Paris, Winsley, Brekke, Leonard, Day, Rasmussen, Brough, Dorn, Wood, Van Luven, Moyer and Rayburn.
Read first time February 14, 1991. Referred to Committee on Judiciary.
AN ACT Relating to grandparents' rights; amending RCW 26.09.240; adding a new section to chapter 26.10 RCW; adding a new section to chapter 13.34 RCW; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. The extended family unit is a fundamental resource of family life which should be encouraged. Nurturing the relationship between grandparents and children who have developed and maintained strong relationships is in the best interests of the children, the grandparents, and the state. Grandparents' relationships with their grandchildren are frequently severed or impaired when the parents of the child get divorced or their parental rights are terminated. In furtherance of the goal of nurturing extended family relationships, the legislature finds that grandparents' requests for custody and visitation should be given preference over nonparent third parties who may seek custody or visitation unless the court finds that such preference is not in the best interests of the child. Additionally, grandparents' desires to maintain contact with their grandchildren after divorce should be honored.
NEW SECTION. Sec. 2. A new section is added to chapter 26.10 RCW to read as follows:
In an action under this chapter, the court shall give custodial preference to the natural or adoptive grandparents over other nonparent third parties, unless the court expressly finds that giving custodial preference to a grandparent is not in the best interests of the child. If both the maternal and paternal grandparents seek custody, then the court shall determine custody and visitation rights in accordance with the best interests of the child under RCW 26.10.100.
Sec. 3. RCW 26.09.240 and 1989 c 375 s 13 are each amended to read as follows:
The court may order visitation rights for a person other than a parent when visitation may serve the best interest of the child whether or not there has been any change of circumstances.
A person other than a parent may petition the court for visitation rights at any time.
The court shall, upon petition, grant the natural or adoptive grandparents visitation rights unless the court affirmatively finds that grandparental visitation rights would not be in the best interests of the child.
The court may modify an order granting or denying visitation rights whenever modification would serve the best interests of the child.
NEW SECTION. Sec. 4. A new section is added to chapter 13.34 RCW to read as follows:
The department of social and health services shall give preference to a dependent child's grandparents' request for temporary custody, or adoption, of the child over the requests of a third party, unless the department specifically finds that honoring the grandparents' request will not be in the best interests of the child.