Grandparent Visitation Rights Bill Being Considered Washington State HB 1934

A bill is being considered in the Washington State Legislature, which would grant all persons who have an ongoing and substantial relationship with a child, including grandparents, the right to seek visitation with that child through the Courts.

The nonparent may petition for visitation with the child if the person has established an ongoing and substantial relationship with the child and the child would likely suffer harm or substantial risk of harm if visitation between the petitioning nonparent and child were not granted, and granting the visitation is in the best interests of the child.

It is, however, presumed that a fit parent’s decision to deny visitation is in the best interests of the child and does not create a likelihood of harm or a substantial risk of harm to the child.  To rebut the presumption, the petitioning nonparent must prove by clear and convincing evidence that the child would likely suffer harm or the substantial risk of harm if visitation between the nonparent and child were not granted, and granting the visitation is in the best interests of the child.

The Court considers several factors in determining whether or not it is in the best interests of the child, including, love & affection, length & quality of relationship, relationship between the nonparent and parent(s), reason parent is denying visitation, effect the visitation with the nonparent will have on the relationship between the parent and child, the amount of time, good faith, limiting factors (domestic violence, abuse), and the child’s preference (if the child is of sufficient age to express a preference).

Beresford Booth (425.776.4100), www.beresfordlaw.com

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