What are the legal requirements for grandparents to gain custody of their grandchildren?

In Washington, grandparents may be legally granted custody of their grandchildren if there is evidence that their visitation would be in the best interest of the child. The court must determine a number of factors, including whether the child’s parents are fit to care for the child, and the unique relationship between the grandparent and grandchild. The grandparents must file an action with the court and serve the parents with notice that they are seeking visitation or custody. The court will then determine what is in the best interest of the child by considering the following factors: (1) the parents’ agreement or disagreement to visitation; (2) the current and past relationship between the grandparent and grandchild; (3) the circumstances under which the grandparent and grandchild first became separated; (4) the grandparent’s mental and physical health; (5) the grandparent’s moral fitness; (6) the grandparent’s ability to provide for the grandchild’s physical, psychological and emotional needs; (7) the emotional ties between the grandparent and grandchild; (8) any disruption that would be caused to the grandchild by removing the grandparent from the grandchild’s life; (9) the preference of the grandchild, if the grandchild is of sufficient age and capacity to form an intelligent preference; and (10) the availability of alternatives to legal custody. The court may order visitation but will not order visitation or custody if there is clear evidence that visitation or custody would not be in the best interest of the grandchild. Upon a finding of visitation or custody, a grandparent may be required to pay child support or other costs associated with the care of the grandchild.

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What are the legal requirements for grandparents to gain custody of their grandchildren?

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