1999 Revised Code Of Washington
Title 26 RCW–Domestic Relations
Chapter 26.09--DISSOLUTION OF MARRIAGE -- LEGAL SEPARATION
Section 26.09.240
RCW 26.09.240
Visitation rights--Visitation rights -- Person other than parent --

Grandparents' visitation rights
(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 intervener 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 intervener 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 intervener
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 intervener 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.
[1996 c 177 § 1; 1989 c 375 § 13; 1987 c 460 § 18; 1977 ex.s. c 271 § 1;
1973 1st ex.s. c 157 § 24.]

Title 26 RCW–Domestic Relations
Chapter 26.09 RCW–Dissolution Of Marriage–Legal Separation
Section 26.09.255
RCW 26.09.255

Remedies when a child is taken, enticed, or concealed.
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. [1987 c 460 § 22; 1984 c 95 § 6.]

Title 26 RCW–Domestic Relations
Chapter 26.44 RCW–Abuse Of Children
Section 26.44.020–Definitions
RCW 26.44.020

(Formerly Abuse of children and adult dependent persons)
(12) "Abuse or neglect" means the injury, sexual abuse, sexual
exploitation, negligent treatment, or maltreatment of a child by any person
under circumstances which indicate that the child's health, welfare, and
safety is harmed, excluding conduct permitted under RCW.9A.16.100. An abused child is a child who has been subjected to child abuse or neglect as defined in this section.
(14) "Sexual exploitation" includes: (a) Allowing, permitting, or
encouraging a child to engage in prostitution by any person; or (b) allowing, permitting, encouraging, or engaging in the obscene or pornographic photographing, filming, or depicting of a child by any person.
(15) "Negligent treatment or maltreatment" means an act or omission that
evidences a serious disregard of consequences of such magnitude as to
constitute a clear and present danger to the child's health, welfare, and
safety. The fact that siblings share a bedroom is not, in and of itself,
negligent treatment or maltreatment.
(16) "Child protective services" means those services provided by the
department designed to protect children from child abuse and neglect and
safeguard such children from future abuse and neglect, and conduct
investigations of child abuse and neglect reports. Investigations may be
conducted regardless of the location of the alleged abuse or neglect. Child
protective services includes referral to services to ameliorate conditions
that endanger the welfare of children, the coordination of necessary programs and services relevant to the prevention, intervention, and treatment of child abuse and neglect, and services to children to ensure that each child has a permanent home. In determining whether protective services should be provided, the department shall not decline to provide such services solely because of the child's unwillingness or developmental inability to describe the nature and severity of the abuse or neglect.
(17) "Malice" or "maliciously" means an evil intent, wish, or design to
vex, annoy, or injure another person. Such malice may be inferred from an act done in willful disregard of the rights of another, or an act wrongfully done without just cause or excuse, or an act or omission of duty betraying a willful disregard of social duty.
[1999 c 176 § 29; 1998 c 314 § 7. Prior: 1997 c 386 § 45; 1997 c 386 §
24; 1997 c 282 § 4; 1997 c 132 § 2; 1996 c 178 § 10; prior: 1993 c 412 § 12;
1993 c 402 § 1; 1988 c 142 § 1; prior: 1987 c 524 § 9; 1987 c 206 § 2; 1984 c
97 § 2; 1982 c 129 § 6; 1981 c 164 § 1; 1977 ex.s. c 80 § 25; 1975 1st ex.s.
c 217 § 2; 1969 ex.s. c 35 § 2; 1965 c 13 § 2.]
Notes--Findings -- Purpose -- Severability -- Conflict with federal
requirements -- 1999 c 176: See notes following RCW 74.34.005.
Application -- Effective date -- 1997 c 386: See notes following RCW
74.14D.010.
Findings -- 1997 c 132: "The legislature finds that housing is frequently
influenced by the economic situation faced by the family. This may include
siblings sharing a bedroom. The legislature also finds that the family living
situation due to economic circumstances in and of itself is not sufficient to
justify a finding of child abuse, negligent treatment, or maltreatment."
[1997 c 132 § 1.]
Effective date -- 1996 c 178: See note following RCW 18.35.110.
Severability -- 1984 c 97: See RCW 74.34.900
Severability -- 1982 c 129: See note following RCW 9A.04.080
Purpose -- Intent -- Severability -- 1977 ex.s. c 80: See notes following
RCW 4.16.190.

 

BACK