Washington Agreed Guardianship Order: When Both Parents Consent

When both parents sign a consent to guardianship, the process in Washington becomes significantly smoother. An agreed guardianship order — where no one opposes the petition — is the simplest path through the court system. But "agreed" does not mean "automatic." The judge still reviews the petition, verifies that consents were given knowingly, and must find that guardianship serves the child's best interest.

How Parent Consent Works

Each consenting parent signs Form GDN M 304 (Parent's Consent to Minor Guardianship). The form:

• Consent to appointment — the parent agrees the court can appoint the named guardian
• Consent to powers — the parent agrees the court should give the guardian the powers requested in the petition
• Voluntary consent — the parent confirms they do not have to agree and have a legal right to raise their children
• Acceptance of service and notice choice — the parent may confirm receipt of the petition and accept service, then choose whether they need notice of hearings and decisions in the case or want the petitioner to notify them at a listed address

GDN M 304 does not set a specific visitation schedule. Visitation terms are addressed in the petition and GDN M 104. A parent can consent and still choose to receive notice; consenting is not the same as asking for no further notice.

A parent can consent and still retain the right to attend hearings and receive future notices — consenting to the guardianship itself does not mean giving up all involvement. A parent who changes position before final orders can file and serve a response, including Form GDN M 301. The summons gives most respondents 20 days after service in Washington, or 60 days if served outside Washington or in a jail, detention, or prison facility, to respond before default may be entered.

What the Court Still Requires

Even with both parents' consent, the court does not rubber-stamp the order. The judge must still find that:

1. Guardianship is in the child's best interest — the petition must show a genuine need for the arrangement, not just parental convenience
2. Background checks are complete — state and national criminal-identification data from WSP for every proposed guardian and adult household member (RCW 11.130.210), plus DCYF CPS information (Forms GDN M 404/405)
3. Notice was properly given — if the petitioner alleges that a parent waived notice or could not be served, RCW 11.130.195 requires the court to appoint a Court Visitor. The visitor must ascertain whether the parent consents to the guardian.
4. The consent was knowing and voluntary — the judge may ask questions at the hearing to confirm the parent understood what they were signing

The Streamlined Hearing

An agreed guardianship hearing is typically brief — often 15 to 30 minutes. The judge reviews the petition, asks the petitioner a few questions, confirms that consents are in order, reviews background check results, and enters the order. If no complications arise, you walk out with signed copies and can request certified Letters of Guardianship from the clerk that same day.

Local hearing procedures vary. In King County, all final minor guardianship orders, including agreed orders, must be presented at a scheduled hearing.

Setting Visitation Terms in an Agreed Order

An agreed guardianship order often includes a visitation schedule for the parents. Form GDN M 104 sets out the contact terms. When the parties agree, you have flexibility to craft a schedule that works for everyone — regular weekend visits, holiday arrangements, phone and video contact.

If no visitation terms are specified in the order, the court retains authority to set them later. It is better to address visitation upfront, even in an agreed case, to avoid future disputes.

When Agreed Cases Hit Complications

Only one parent consents. If one parent signs GDN M 304 but the other objects or cannot be found, the case is not fully agreed. You still need to serve the non-consenting parent and may face a contested hearing on their objection.

Parent revokes consent before the order. A parent who changes their mind can file GDN M 301 at any point before the judge signs the final order. At that point, the case converts to a contested proceeding.

Parent is incarcerated. An incarcerated parent can still sign a consent form, but the logistics of getting the form to and from the facility take planning. Work with the facility's social worker or counselor, and allow extra time for mail.

Parent has diminished capacity. If there is any question about whether a parent understood the consent form — due to mental health issues, cognitive disability, or substance impairment at the time of signing — the court may refuse to accept the consent without additional safeguards.

Your Next Step

Our Washington Guardianship Court Process Guide covers the agreed guardianship process from start to finish, including how to prepare consent forms, set visitation terms, and navigate the hearing.

See more Washington guides →