When a child’s parents are unable to care for them—whether due to illness, incarceration, addiction, or absence—Washington courts provide a legal pathway to protect the child’s well-being: minor guardianship. This process allows a qualified adult to step in and make decisions for the child, ensuring their physical, emotional, and financial needs are met.
At Story Law, our Bellevue-based family law attorneys work closely with relatives, foster caregivers, and concerned family friends to help navigate the complex process of seeking guardianship in Washington State. Below, we answer the 10 most common questions we receive from people facing this difficult but crucial responsibility.
1. What Is Minor Guardianship?
Minor guardianship is a legal arrangement where a non-parent is granted the authority to care for and make decisions on behalf of a child under 18. The guardian assumes many of the roles a parent would normally hold—managing schooling, healthcare, housing, and general well-being.
Washington replaced the old “non-parental custody” process with a modern guardianship statute under the Uniform Guardianship Act. This framework provides greater protections for both children and parents, with court oversight and clear legal standards.
Minor guardianship can be temporary (emergency-based) or long-term. It is typically used when both parents are unable, unavailable, or unfit to parent the child—either due to abandonment, incarceration, death, or ongoing safety concerns.
2. Who Can Serve as a Guardian?
In Washington, any responsible adult over the age of 21 may petition the court to become a child’s guardian. Most commonly, guardians are:
- Grandparents or extended relatives
- Adult siblings
- Family friends or trusted community members
- Foster caregivers
- Professional guardians (in rare or complex cases)
The proposed guardian must demonstrate that they are physically, mentally, and emotionally capable of caring for the child. Background checks are required, including criminal and child protective services history. The court’s top priority is always the best interests of the child, so the relationship and stability of the proposed guardian are closely reviewed.
3. Do Both Parents Have to Consent?
Not necessarily. While parental consent can simplify the process, it is not required for a guardianship order to be approved. If one or both parents object, the court will determine whether the child’s welfare would be better served by granting guardianship to someone else.
The petitioner must show that at least one parent is currently:
- Unable to provide adequate care
- Unavailable due to location, incapacity, or legal status
- Unwilling to care for the child
- Engaged in behaviors that are harmful to the child (e.g., neglect or abuse)
If a parent’s rights have already been terminated by a separate court action, consent is not needed.
4. Are There Different Types of Guardianship?
Yes—Washington law provides several types of guardianship depending on the urgency and needs of the situation:
- Emergency Guardianship: This is a short-term solution used when a child faces immediate risk of harm. It allows a court to appoint a guardian without waiting for a full hearing. Emergency guardianships generally last up to 60 days and can be extended once.
- Regular Guardianship: This is a long-term arrangement granted after full hearings and background checks. It typically remains in effect until the child turns 18, unless it’s terminated earlier.
- Standby Guardianship: This allows a guardian to be named in advance, to step in if something happens to the parent in the future (e.g., illness or deployment). It provides peace of mind without immediately transferring custody.
5. How Long Does Guardianship Last?
The length of a guardianship depends on the type:
- Emergency guardianships last up to 60 days (with one possible 60-day extension).
- Regular guardianships remain in effect until the child turns 18, unless the court modifies or terminates the order.
Guardianship can also end early if:
- The child is adopted
- A parent regains fitness and successfully petitions for custody
- The court finds that the guardianship is no longer in the child’s best interest
Guardians are responsible for reporting to the court as required, particularly in longer-term arrangements.
6. What Rights and Responsibilities Does a Guardian Have?
A guardian is empowered to make decisions for the child much like a parent. This includes:
- Enrolling the child in school and managing academic matters
- Authorizing medical care and mental health treatment
- Providing a stable home and meeting day-to-day needs
- Managing benefits or financial resources the child may receive
- Ensuring the child is protected from harm and neglect
Guardians do not automatically become financially responsible for the child unless specified. In many cases, the child may still receive financial support through state programs or child support orders from the biological parents.
7. Can a Child Object to a Guardianship?
Yes. Washington law provides older children a voice in the process. If the child is 12 years or older, they have the right to:
- Attend the court hearing
- Object to the guardianship
- Request their own attorney or representative
While the child’s preferences are not binding, the court takes them seriously—especially when considering long-term placements. The guardian’s relationship with the child and ability to maintain stability are critical factors.
8. How Does the Court Decide Who Gets Guardianship?
The court applies a “best interests of the child” standard. Judges consider multiple factors, including:
- The child’s safety, emotional well-being, and educational stability
- The nature of the relationship between the child and the proposed guardian
- Each parent’s ability (or inability) to provide adequate care
- The wishes of the child, if age-appropriate
- Any history of abuse, neglect, domestic violence, or substance abuse
The proposed guardian must present a strong case backed by evidence, witnesses, and documentation. If there is disagreement between family members, the process may require mediation or involve a Guardian ad Litem to investigate and report back to the court.
9. What Happens If Circumstances Change?
Guardianship is not always permanent. Life circumstances change, and Washington courts allow for modifications or termination of guardianship orders when appropriate.
For example, a guardian or parent may petition the court to:
- Terminate the guardianship
- Modify the guardianship to add or remove responsibilities
- Transfer guardianship to another qualified person
The court will review the request and determine if the change serves the child’s best interests. A guardian must notify the court of significant changes in the child’s circumstances, including school moves, health issues, or legal concerns.
10. Are There Alternatives to Minor Guardianship?
Yes. In some cases, guardianship may be too formal or restrictive. The court will consider alternatives such as:
- Power of Attorney for a Minor: A parent can grant another adult temporary authority to make decisions without giving up custody.
- Parental Consent Agreements: An informal arrangement where a parent allows someone else to care for the child, often used when the absence is temporary.
- Foster Care Placement: If no family or friends are available, the court may place the child with a licensed foster provider.
These alternatives may be less suitable for long-term care or legal stability, but they can be helpful in temporary situations.
How Story Law Helps Bellevue Families With Guardianship Cases
Navigating minor guardianship in Washington is complex and often emotional. At Story Law, we help relatives, family friends, and other concerned adults protect the children they love.
Our guardianship services include:
- Emergency and long-term petitions
- Defending or objecting to guardianship filings
- Negotiating parenting or support alternatives
- Representing children’s interests in contested cases
We understand how personal and urgent these cases can be—and we bring both legal knowledge and compassionate advocacy to every family we serve.
