Are grandparents allowed to obtain legal guardianship of a grandchild in the event of the death of the child’s parents?

In Washington, the answer to whether grandparents are allowed to obtain legal guardianship of a grandchild in the event of the death of the child’s parents is yes, but it does depend on the circumstances. Under Washington’s Grandparent Visitation Law, a grandparent can petition for visitation and custody if “the parents are deceased or are legally separated or divorced, or if the child was born out of wedlock and the alleged father has not established paternal rights.” In addition to Washington’s Grandparent Visitation Law, a grandparent may also be able to obtain legal guardianship of a grandchild through Washington’s Grandparent Guardianship Law. This law states that “a grandparent may be appointed guardian of a grandchild, if in the best interests of the child and if the court finds that one or more of the conditions listed in the law applies.” These conditions include if the parent is deceased, has a mental health disorder or a chemical dependency, is more than eighteen months in arrears in providing support, or has emancipated the child. Ultimately, if a grandparent wishes to obtain legal guardianship of a grandchild in the event of the death of the child’s parents, then they should submit a petition to the court. The court will then consider the circumstances and the best interests of the child to decide if guardianship is in the child’s best interest.

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Are grandparents allowed to obtain legal guardianship of a grandchild in the event of the death of the child’s parents?

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