Chapter 26.09 of the Revised Code of Washington (RCW) governs proceedings for dissolution, legal separation, or declaration of invalidity of a marriage or domestic partnership.  The chapter addresses court orders for child support, parenting plans, and notice requirements and standards for relocation of a child.  

Current policy and legislative intent provisions in chapter 26.09 RCW state that parents have the responsibility to make decisions and perform parental functions necessary for the care and growth of their minor children.  The policy and intent provisions further recognize the fundamental importance of the parent-child relationship and provide that:

• in any proceeding between the parents, the best interests of the child is the standard by which the court determines and allocates parental responsibilities; 
• the relationship between the child and each parent should be fostered unless inconsistent with the child's best interests;
• best interests of the child are served by a parenting arrangement that best maintains a child's emotional growth, health and stability, and physical care; and
• the best interest of the child is ordinarily served when the existing pattern of interaction between a parent and child is altered only to the extent necessitated by the changed relationship of the parents or as required to protect the child from physical, mental, or emotional harm.

In Troxel v. Granville (2000), the United States Supreme Court found that Washington's third-party visitation statute allowing any person to petition for visitation at any time was unconstitutional as applied in the case because it violated the fundamental liberty interest of parents to make decisions concerning the care and upbringing of their children.  The Court stated that a fit parent is presumed to act in the child's best interest and that courts must give special deference to a fit parent's decision.

A new legislative intent section is added to chapter 26.09 RCW.  Several legislative findings are made, recognizing constitutional rights and providing that:

• parents are responsible for protecting and preserving the health and well-being of their minor children; and
• in Troxel v. Granville, the United States Supreme Court recognized parental rights as a fundamental liberty interest, yet declined to set a standard of review. 

It is specified that the Legislature intends for chapter 26.09 RCW to be implemented subject to a constitutional floor that consists of several principles, including:  a presumption of parental fitness; equal standing for similarly situated parents; any intrusion on the parent-child relationship must be the least restrictive to parental rights; a parental duty to cooperate; and the requirement that court orders must be clear and contestable.

The bill may be known and cited as Troxel II.