Washington Nonparental Custody Replaced by Minor Guardianship: What Changed Under RCW 11.130

The 2021 Law Change That Eliminated Nonparental Custody

On January 1, 2021, Washington State repealed Chapter 26.10 RCW — the statute that governed nonparental custody proceedings. In its place, the Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act (Chapter 11.130 RCW) established minor guardianship as the court pathway for nonparents seeking court-ordered caregiving authority as a guardian.

This was not a minor procedural update. It replaced the entire legal framework, the form series, the filing procedures, and the standard of proof. If you are looking for information about nonparental custody in Washington, you are now looking for minor guardianship.

What Actually Changed

New statute, new forms. The former Chapter 26.10 nonparental-custody petition forms cannot start a new case. New guardianship filings use the current GDN M series — GDN M 102 for the petition, GDN M 103 for the declaration of reasons, and related forms published by the Administrative Office of the Courts. Current Form GDN M 502 still refers to old nonparental-custody orders because it is used to change or terminate those existing orders.

Filing fee exemption for relatives. Under the new law (RCW 11.130.170), relatives filing for minor guardianship are statutorily exempt from the court filing fee. The old nonparental custody statute did not have this exemption.

Mandatory background checks. Chapter 11.130 requires WSP criminal history checks and DCYF child abuse history checks for the proposed guardian and household members. These were not universally required under the old law.

Court visitor provisions. The new law mandates appointment of a court visitor when the child is 12 or older and unrepresented, or when a parent cannot be served or has waived notice. This provides additional safeguards for the child's interests.

Lay guardian training. Petitioners must provide evidence of completed training with the petition, unless the petitioner requests expedited appointment due to emergent circumstances and the court defers completion. The court may set a deferred deadline no later than 90 days after appointment.

What Stayed the Same

The core question the court asks has not fundamentally changed: is it in the child's best interest to be placed with this nonparent, and is there a legally sufficient reason to override the parents' constitutional right to raise their child?

Under RCW 11.130, the court appoints a guardian when the appointment is in the child's best interest and one of three conditions is met: both parents consent, parental rights have been terminated, or clear and convincing evidence shows no parent is willing or able to exercise parenting functions.

The proceeding still takes place in Superior Court. Venue is the county where the child resides or is present when the case begins, or where another proceeding about the child's custody or parental rights is pending (RCW 11.130.030). The parent still has the right to object, and an indigent parent who objects is entitled to court-appointed counsel.

What Happens to Old Custody Orders

If you already have a nonparental custody order entered under Chapter 26.10 before January 1, 2021, your order remains valid and enforceable. The repeal of the statute does not retroactively void existing orders.

However, any future modification or termination of that order must go through the current minor guardianship framework. You use Form GDN M 502 (Petition to Terminate or Change Minor Guardianship or Non-Parent Custody Order), filed under RCW 11.130.240.

The modification standard also changed. Under RCW 11.130.240, the court evaluates whether the original basis for the order still exists. If it does not, the court terminates the guardianship unless doing so would harm the child and the child's interest in continuing outweighs the parent's interest in restoring their decision-making rights. This is a balancing test, not simply a requirement that the parent prove a substantial change in circumstances.

Why This Matters for Online Research

The internet is full of outdated Washington custody information. Blog posts, legal guides, and document preparation services that were written before 2021 still reference nonparental custody under RCW 26.10. Template sellers on marketplace platforms may still sell form packets designed for the old statute.

Using a former Chapter 26.10 petition form to start a new nonparental-custody case will not work because that statutory process was repealed. A current filing to change an existing Chapter 26.10 order uses GDN M 502 under Chapter 11.130 RCW.

When researching Washington custody options for nonparents, confirm that any resource describing a new guardianship case references Chapter 11.130 RCW and the current GDN M forms. Former Chapter 26.10 petition forms cannot start a new case, although GDN M 502 is still used for changes to existing orders under that chapter.

The Washington Guardianship and Custody Court Process Guide is built entirely on the current law and form requirements under Chapter 11.130 RCW.

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