Full question:
Our daughter has denied us visitation because we recently left her church, what are our chances of getting visitation reestablished?
- Category: Divorce
- Subcategory: Grandparents Visitation
- Date:
- State: Washington
Answer:
Some courts have determined that state statutes providing visitation to grandparents are unconstitutional. The United States Supreme Court in the case of Troxel v. Granville (2000) determined that the Washington visitation statute violated the due process rights of parents to raise their children. However, a person other than a parent may petition for visitation if the child's parent or parents have commenced an action for divorce, legal separation, dissolution, or modification of a domestic relations order.
Please see the following WA statutes to determine applicability:
RCW 26.09.240 (1) A person other than a parent may petition the court for
visitation....
(1) A person other than a parent may petition the court for visitation
with a child at any time or may intervene in a pending dissolution, legal
separation, or modification of parenting plan proceeding. A person other
than a parent may not petition for visitation under this section unless the
child's parent or parents have commenced an action under this chapter.
(2) A petition for visitation with a child by a person other than a
parent must be filed in the county in which the child resides.
(3) A petition for visitation or a motion to intervene pursuant to this
section shall be dismissed unless the petitioner or intervenor can
demonstrate by clear and convincing evidence that a significant
relationship exists with the child with whom visitation is sought. If the
petition or motion is dismissed for failure to establish the existence of
a significant relationship, the petitioner or intervenor shall be ordered
to pay reasonable attorney's fees and costs to the parent, parents, other
custodian, or representative of the child who responds to this petition
or motion.
(4) The court may order visitation between the petitioner or intervenor
and the child between whom a significant relationship exists upon a finding
supported by the evidence that the visitation is in the child's best
interests.
(5)(a) Visitation with a grandparent shall be presumed to be in the
child's best interests when a significant relationship has been shown to
exist. This presumption may be rebutted by a preponderance of evidence
showing that visitation would endanger the child's physical, mental, or
emotional health.
(b) If the court finds that reasonable visitation by a grandparent
would be in the child's best interest except for hostilities that exist
between the grandparent and one or both of the parents or person with
whom the child lives, the court may set the matter for mediation under
RCW 26.09.015.
(6) The court may consider the following factors when making a
determination of the child's best interests:
(a) The strength of the relationship between the child and the
petitioner;
(b) The relationship between each of the child's parents or the person
with whom the child is residing and the petitioner;
(c) The nature and reason for either parent's objection to granting the
petitioner visitation;
(d) The effect that granting visitation will have on the relationship
between the child and the child's parents or the person with whom the child
is residing;
(e) The residential time sharing arrangements between the parents;
(f) The good faith of the petitioner;
(g) Any criminal history or history of physical, emotional, or sexual
abuse or neglect by the petitioner; and
(h) Any other factor relevant to the child's best interest.
(7) The restrictions of RCW 26.09.191 that apply to parents shall be
applied to a petitioner or intervenor who is not a parent. The nature and
extent of visitation, subject to these restrictions, is in the discretion
of the court.
(8) The court may order an investigation and report concerning the
proposed visitation or may appoint a guardian ad litem as provided in
RCW 26.09.220.
(9) Visitation granted pursuant to this section shall be incorporated
into the parenting plan for the child.
(10) The court may modify or terminate visitation rights granted pursuant
to this section in any subsequent modification action upon a showing that
the visitation is no longer in the best interest of the child.
RCW 26.09.255 A relative, as defined in RCW 9A.40.010, may bring civil
action against....
A relative, as defined in RCW 9A.40.010, may bring civil action against
any other relative if, with intent to deny access to a child by that
relative of the child who has a right to physical custody of or
visitation with the child or a parent with whom the child resides
pursuant to a parenting plan order, the relative takes, entices, or
conceals the child from that relative. The plaintiff may be awarded, in
addition to any damages awarded by the court, the reasonable expenses
incurred by the plaintiff in locating the child, including, but not
limited to, investigative services and reasonable attorneys' fees.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
