A minor guardianship is a court proceeding in which the Washington Superior Court appoints an adult to care for a child under 18. A guardian has authority and responsibility for the child’s care and may make decisions concerning the child’s residence, education, health care, and other important matters.

A minor guardianship is often put in place when a child’s parents are unable or unwilling to provide appropriate care and another adult is prepared to assume responsibility for the child. The child will usually live with the guardian, and the guardianship functions as a custody order.

When Will the Court Appoint a Guardian?

The court may appoint a guardian when the guardianship is in the child’s best interest, and one of the following applies:

• The parents, after being fully informed about the nature and consequences of the guardianship, consent;
• One or more of the parents are deceased, and the living parents’ parental rights have been terminated; or
• There is clear and convincing evidence that no parent is willing or able to exercise parenting functions.

When a parent objects to the guardianship, the court will consider the parent’s ability and willingness to perform parenting functions and whether appointment of the proposed guardian is in the child’s best interest.

Guardianship Is Different From Adoption

A minor guardianship is a custody order, but it does not terminate the parent-child relationship with natural parents as an adoption order does. Unlike an adoption, the parents ordinarily retain certain rights and responsibilities such as the duty to support the child. The court’s guardianship order will specify the guardian’s authority and may address the parents’ visitation, obligations, or other rights.  The parents retain the right to petition to modify the guardianship order later if their circumstances change.

Who Can Petition for a Minor Guardianship?

A person interested in obtaining court-ordered custody of the child, interested in the welfare of a child—including the child—may petition the court for appointment of a guardian.

The petition must provide information about the child, the child’s parents, the proposed guardian, prior caregivers, and the reasons for the guardianship. The petitioner must explain why the guardianship is necessary and why it is in the child’s best interest.

The Minor Guardianship Process

Minor guardianship proceedings require many court filings and procedural steps. These can include a petition, summons, notice of hearing, statement explaining the reasons for the guardianship, supporting declarations, proof of service and mailing, and the proposed guardianship order.

Washington State Patrol background checks are required for adults living in the proposed guardian’s household. In some cases, the court may appoint a Court Visitor or Guardian ad Litem to investigate and make recommendations to the court.

Notice to Parents and Child over 12

Parents and children age 12 or older must receive personal service of the required court documents. Other interested persons may be entitled to notice by mail. The notices explain rights, including the right to object to the proposed guardianship. Parents can consent to the guardianship.

Special procedures apply when a parent cannot be located or served despite reasonable efforts, or when a parent claims to have consented to the guardianship and waived notice. In appropriate circumstances, the court may appoint a Court Visitor or Guardian ad litem to investigate and report to the court.

Court Hearing on the Petition

At the finalization hearing, the court considers the evidence and determines whether the requirements for appointing a guardian have been met.  If the guardianship is contested, the matter may require a trial, with testimony, exhibits, and legal argument.

If the court grants the guardianship, it enters an order appointing the guardian and directs the Clerk to issue Letters of Office, which typically remain in effect until the child reaches age 18.

Emergency Minor Guardianship

Washington law also provides for an emergency minor guardianship when immediate action is necessary to protect a child’s health, safety, or welfare. An emergency guardianship is temporary. It can’t last more than 120 days. If a full guardianship is filed with an emergency petition, the court can extend the time. Granting an emergency guardianship does not, by itself, establish that the requirements for a permanent minor guardianship have been satisfied.

An Attorney for Petitioners in Minor Guardianship

Minor guardianship proceedings can be complicated, particularly when a parent objects, cannot be located, or another family-law proceeding involves the child. An attorney can help a prospective guardian understand the legal requirements, prepare the necessary pleadings and supporting evidence, provide required notice, and represent the petitioner at court hearings.