What is the standard for grandparents to be awarded guardianship of a grandchild?

In Washington, the standard for grandparents to be awarded guardianship of a grandchild is based off of the best interests of the child. According to state law, RCW 26.10.160, the court must determine that the guardianship is in the best interest of the child and is necessary for the child’s welfare. The factors taken into consideration include the physical, mental, and emotional health of the grandparent, the child’s preference and relationship with the grandparent, and the willingness of the grandparent to act as a guardian. The court must also review the relationship between the grandparent and the parent of the child, as well as whether or not the parent is unfit. The court may also seek an evaluation of the grandparent to ensure that the grandparent is fit to act as a guardian. Additionally, the court may require that some type of family counseling take place before a guardianship is awarded. The state of Washington generally encourages that guardianship arrangements be made amongst family members, such as grandparents, before going through the court process. When the court must make a decision on guardianship, the grandparent must prove that they are the best option for the child. This can be done by demonstrating that the grandparent understands the child’s needs and is able to provide for those needs. The grandparent must also demonstrate that they have the resources to provide a proper home environment for the child.

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