Do Grandparents Have Visitation Rights in Washington?

This article is for informational purposes only and does not constitute legal advice. Every legal situation is unique. If you have questions about your specific circumstances, we encourage you to schedule a consultation with one of our attorneys. Anderson Hunter Law Firm serves clients throughout Snohomish County, including Everett, Marysville, Lake Stevens, Snohomish, Monroe, Edmonds, Mukilteo, Lynnwood, and surrounding communities.

You helped raise your grandchildren. You were there for the school pickups, the weekend sleepovers, and the scraped knees. Then something shifted. A divorce, a falling out, or the loss of your own adult child, and the door quietly closed. Your calls go unanswered, and you have not seen your grandchild in months.

It leaves you feeling powerless, and maybe a little ashamed of how much it hurts. And it does not seem right that a bond you built over years could simply vanish. If you are a grandparent in Snohomish County wondering whether the law can help you stay in your grandchild’s life, you are not alone, and you do have options worth understanding.

Key Takeaway: Washington grandparents can ask a court for visitation under RCW 26.11, but only in narrow circumstances. You must prove an existing, substantial relationship and that the child would likely be harmed without continued contact. The bar is high, the law strongly favors fit parents, and you usually get only one chance to file.

We speak with grandparents in your position often, and we know these cases are rarely about winning an argument. They are about a child you love. Our family law team has guided Snohomish County families through custody, parenting, and visitation disputes for years, and we can tell you honestly where the law can help you and where it cannot.

What Rights Do Grandparents Have in Washington?

In Washington, grandparents have no automatic right to visitation. A fit parent has a constitutional right to decide who spends time with their child, and that includes grandparents.

This area of law was shaped close to home. In Troxel v. Granville, 530 U.S. 57 (2000), the U.S. Supreme Court reviewed a Washington statute (former RCW 26.10.160(3)) that let any person ask a court for visitation at any time. The Court struck it down, holding that the law gave too little weight to a fit parent’s decisions and infringed on the parent’s fundamental right to raise their child. For years afterward, Washington had no workable grandparent visitation law.

That changed in 2018. Effective June 7, 2018, the Legislature created a new and much narrower statute, RCW 26.11 (Nonparental Child Visitation). It reopened the courthouse door for grandparents and certain other relatives, but with strict requirements designed to respect parents’ rights.

Who Can Petition for Visitation Under RCW 26.11?

Under RCW 26.11, a “relative” of the child by blood or marriage may petition for visitation. That includes grandparents and great-grandparents, and it can also include aunts, uncles, cousins, and step-relatives.

The law does not stop at who you are. It looks closely at your relationship with the child. You have to show an ongoing and substantial relationship (a bond formed through real interaction, companionship, and affection, not financial support). Under RCW 26.11.020, that relationship generally must have lasted at least two years, or at least half the child’s life if the child is under two. You and the child must also share a desire for the relationship to continue.

Two limits matter here. A person whose parental rights to the child were terminated cannot petition. And you generally get only one chance. The statute lets a person file a visitation petition just once, a rule often called “one and done,” so filing before you are ready can cost you the opportunity entirely.

What is an “ongoing and substantial relationship”? It is a bond built through regular contact, shared time, and genuine affection over a sustained period, the kind of connection a court can see was real and meaningful to the child.

What Do You Have to Prove to Win Visitation?

To win grandparent visitation in Washington, you must prove, by clear and convincing evidence, that the child would likely suffer harm or a substantial risk of harm without visitation, and that visitation is in the child’s best interest.

The law presumes that a fit parent’s decision to deny visitation is the right one (RCW 26.11.040). To overcome that presumption, your sadness or disappointment is not enough. You have to show real, predictable harm to the child from losing the relationship, often supported by evidence from counselors or other professionals. The court then weighs a list of best-interest factors, including the strength of each relationship and any history of abuse or neglect.

One distinction trips up many families: visitation is not custody. Here is how the two paths compare.

How Do You File for Grandparent Visitation in Snohomish County?

If you decide to move forward, the process follows a clear path. Here is how grandparent visitation typically works for local families.

1. Confirm you qualify. Verify that you are a “relative” under RCW 26.11 and that your relationship meets the two-year standard (or half the child’s life if the child is under two).
2. Gather your evidence. Document the relationship with photos, messages, and your involvement in school and medical life, along with any signs that the loss of contact is harming the child.
3. File your petition and affidavit. You file in the county where the child primarily lives. For most local families, that means Snohomish County Superior Court in Everett. Your sworn affidavit must show the relationship and the likely harm.
4. Survive the initial review. The court first checks whether your petition is sufficient on paper. It cannot grant visitation at this stage. If your petition is sufficient, the court sets a hearing.
5. Make your case at the hearing. You present clear and convincing evidence to rebut the presumption favoring the parent and to show that visitation serves the child’s best interest.

Can Grandparents Get Custody of a Grandchild in Washington?

Visitation and custody are two different things. Grandparent visitation under RCW 26.11 gives you time with the child, not the authority to raise them. If you need to step in as the day-to-day caregiver, that is a minor guardianship under RCW 11.130.

A court may appoint a grandparent as a minor guardian when each parent consents, when parental rights have ended, or when neither parent is able or willing to safely care for the child. This is a higher-stakes path with its own strict standards, and even then the court works to preserve the parent’s relationship wherever it safely can. If your real concern is the child’s daily safety rather than visiting time, guardianship is usually the right conversation to have.

What Happens If You Wait to Act?

Time can work against you. Because the law looks at whether your relationship is current and substantial, a long gap in contact can weaken the very bond the statute asks you to prove. And since you may file only once, a rushed or poorly supported petition can close the door for good. Waiting rarely makes your case stronger.

How Anderson Hunter Helps Snohomish County Grandparents

We understand that behind every one of these cases is a grandparent who simply wants to keep loving a child. Our Snohomish County family law attorneys will look honestly at your situation, tell you whether RCW 26.11 fits or whether minor guardianship is the better route, and help you build the strongest possible case if you move forward.

Picture knowing you did everything right, with a clear plan and steady guidance, so that whatever the court decides, your grandchild grows up knowing you never stopped showing up. That is the outcome we work toward with you.

Frequently Asked Questions

Do grandparents automatically get visitation if their child dies?

No. Even after the death of a parent, the surviving parent’s decisions still carry strong legal weight. You would still petition under RCW 26.11 and prove an existing, substantial relationship and likely harm to the child without contact.

How long does a grandparent visitation case take?

It varies. Many cases run several months from filing through the hearing, depending on the court’s schedule and whether any evaluations are needed. Cases with more conflict or expert evidence tend to take longer.

Will I have to pay the parents’ attorney fees?

Possibly. Under RCW 26.11.150, the court can order a petitioning grandparent to pay the parents’ reasonable costs and attorney fees, sometimes in advance of a hearing, unless the court finds that doing so would be unjust. This is one reason to weigh a petition carefully before filing.

Can I file for visitation more than once?

Generally no. The statute allows one petition. That “one and done” limit is exactly why preparing your evidence and confirming you qualify before you file is so important.

Does it matter which county I file in?

Yes. You file in the county where the child primarily lives. For most local families, that is Snohomish County Superior Court in Everett.

Can step-grandparents or other relatives petition too?

Yes. RCW 26.11 reaches many relatives by blood or marriage, not only biological grandparents, as long as the relationship and harm requirements are met. Step-relatives, great-grandparents, and others may qualify.

If you are facing a grandparent visitation or custody issue in Snohomish County, schedule a consultation with Anderson Hunter Law to understand your options. Call (425) 252-5161 or request a consultation.