Wednesday, January 6, 2021

Let’s Begin the New Year with some Important Information.

Washington repealed its Non-Parental Custody Act (RCW 26.10), and as of December 31, 2020, orders final by that date shall remain in effect as final orders, but any pending case is automatically dismissed and must be re-filed under the new Guardianship Statute (RCW 11.130.185 and related statutes).

The key showing that must be made under the new statute is: “clear and convincing evidence” there is no parent of the minor child willing or able to perform “parenting functions.”

Parenting functions are all the ways in which one nurtures a child: feeding, clothing, loving, educating, and financially supporting.

Frankly, no one is sure where this new statute will lead, as statutes require years of court interpretation before the doctrines are clarified.  But Mason Law of Spokane, WA, has been through statutory changes before, and will go through them again.  If you have a grandchild, niece, nephew, or other child, whose parents cannot care for them, and you wish to step in, call Craig Mason of Mason Law in Spokane, WA, at 509-443-3681 to discuss the facts of your situation.