Minor Guardianships: When Parents Cannot Care for Their Children

Minor guardianship is the legal process Washington uses when a child cannot be safely cared for by their parents. It replaces the old third-party custody system and is designed to protect children while respecting the strong constitutional rights of parents. 

Many families come to this process suddenly: a parent is arrested, disappears, relapses, becomes homeless, or suffers a mental health crisis. Others see a slow decline and feel they have no choice but to step in before the child is harmed.

A minor guardianship gives a relative or trusted adult the legal authority to make decisions about the child’s health, education, and daily care. It also gives parents a path to reunify when they become stable. 

This page answers the most common questions we hear about guardianships, including emergency situations, long-term care, parental rights, evidence, timelines, and costs. These answers help relatives understand when guardianship is appropriate and what to expect if they choose to pursue it.

➡ Read more about child custody on our page Child Custody and Father’s Rights in Washington

Myths & Misconceptions About Minor Guardianships in Washington

Myth: “If a parent is a mess, the court will automatically give me custody.”

Not true. Courts cannot remove a child from a parent unless there is clear evidence the parent is unable to safely care for the child. A well-prepared petition with solid documentation is essential.

Myth: “Going to jail means the parent automatically loses custody.”

Incarceration is strong evidence of inability, but nothing is automatic. You still must file and prove that guardianship is necessary for the child’s safety and stability.

Myth: “Homelessness alone guarantees guardianship.”

Not necessarily. Many families struggle economically. Homelessness matters only when it creates unsafe conditions for the child.

Myth: “If one parent is unsafe, a nonparent can step in.”

Only if both parents are unable to care for the child. A safe, available parent takes priority over any nonparent.

Myth: “Emergency guardianship lasts until the child turns 18.”

Emergency orders are temporary and usually last up to 60 days. You must file for full guardianship to secure long-term authority.

Myth: “A guardian has more rights than a parent.”

Guardians have temporary decision-making authority, but parents keep their fundamental rights unless a court permanently terminates them. Guardianship is not adoption.

Myth: “Parents rarely get guardianship reversed.”

Parents have strong constitutional protections. If they become safe and stable, they can petition to end guardianship. The law favors family reunification when possible.

Myth: “I do not need a lawyer because this is just paperwork.”

Minor guardianship is one of the most legally technical processes in Washington. Mistakes in filing, notice, or evidence can lead to dismissal or delay. Skilled legal help makes the process smoother for everyone involved, especially the child.

Myth: “CPS will take care of everything for us.”

CPS only steps in for immediate danger. Most relatives who want to protect a child must file a minor guardianship themselves.

Minor Guardianships for Non Parental Custody

What is a minor guardianship in Washington?

A minor guardianship is a court order that gives a nonparent the legal authority to care for a child when the parents are unable to. This replaces the old “third-party custody” process. A guardian can make decisions about the child’s health, education, and daily life (RCW 11.130.185).

When do courts allow a nonparent to take guardianship of a child?

Only when a parent is unable or unwilling to perform parenting functions. Courts look for proof of addiction, incarceration, abandonment, mental illness, or chronic instability that makes the parent unsafe or unavailable.

Can I get guardianship if a parent is using drugs or drinking heavily?

Possibly. Substance abuse alone is not enough — you must show it seriously affects the parent’s ability to care for the child. Evidence of neglect, unsafe housing, missed school, or medical issues strengthens the petition.

Can I get custody of my grandchild if the parents are unsafe?

Yes. Grandparents frequently file for minor guardianship when the parents are struggling. You must show the parents are unable to safely care for the child right now and that guardianship is necessary to prevent harm.

What if a parent goes to jail — does the child automatically go to me?

No, it is not automatic. But incarceration is strong evidence the parent cannot currently care for the child. A petition for emergency or full guardianship is often appropriate.

What if my relative is homeless or living in unsafe conditions?

Courts will consider homelessness, dangerous living situations, or lack of supervision as evidence that the parent cannot meet the child’s basic needs.

Can a parent with mental health issues lose custody to a guardian?

Only if the mental health condition prevents safe parenting. Evidence may include repeated hospitalizations, failure to follow treatment, or patterns of neglect.

Can I get guardianship of a child if one parent is safe but the other is not?

Usually no. Guardianship requires both parents to be unable to care for the child. A safe, available parent takes priority.

Emergency Guardianship (Short-Term Orders)

What is an emergency minor guardianship?

It is a fast temporary order that gives a nonparent immediate custody when the child faces serious risk of harm (RCW 11.130.225). It can be signed the same day you file. Usually, the child should be in your care already. We also use the emergency motion as a stop gap while the full minor guardianship action is filed and litigated. This covers an oversight on the legislature’s part when drafting the law.

What counts as an emergency?

Physical danger, abandonment, drug binges, violent incidents, untreated psychosis, or situations where the child is left without safe supervision.

How long does emergency guardianship last?

Usually up to 60 days unless extended. Parents still get notice and a chance to respond.

Do I need evidence for an emergency order?

Yes. Courts want documentation — police reports, texts, pictures, medical records, or witness statements. Without solid proof, the court may deny emergency relief.

Full (Long-Term) Minor Guardianship

What is the difference between an emergency guardianship and a full guardianship?

Emergency guardianship is temporary and decided quickly. Full guardianship requires more evidence, notices to parents, and a full hearing before the court grants long-term authority. The statute for full guardianships do not include a provision for temporary orders, so usually both actions are filed at the same time.

How long does a minor guardianship last?

It lasts until the child turns 18 unless the court changes or ends it earlier. The fact that parents can’t provide basic care for their children is the basis for any guardianship and once they are able to show they can provide that basic care, they can petition for the guardianship to end and full custody to return to them.

Can parents still see the child if there is a guardianship?

Often yes. Courts may order visitation, require supervision, or set conditions such as sobriety or counseling. The point of the guardianship is not to prevent contact, but to protect the children.

➡ Learn more at our page Creating a Parenting Plan

Does guardianship take away a parent’s rights permanently?

No. Guardianship is not termination. Parents retain the right to resume caregiving once they are safe, stable, and able.

Can a guardianship become permanent if the parents never improve?

It can remain in place until the child turns 18. However, it does not permanently terminate parental rights.

Parents’ Rights and Ending Guardianship

Can a parent end a guardianship once they get sober or stable?

Yes. Parents can petition to terminate the guardianship by showing they have addressed the issues that made them unable to parent.

How hard is it for a parent to undo a guardianship?

Parents have protected rights under the US Constitution and the law is very favorable to protecting those rights. Parents must prove they are now able to parent safely and that ending guardianship does not harm the child. Sudden changes or short-term improvements are usually not enough.

Do guardians have rights over parents?

Guardians have decision-making power while the order is in place, but parents keep their fundamental rights unless a court terminates them.

Can a guardian refuse visits from a parent?

Not without a court order restricting contact. Guardians must follow whatever the court orders for visitation and communication.

➡ Learn more at our page Parenting Plan Enforcement

Process, Filing, and Evidence

How do I file for minor guardianship in Washington?

You must file a petition under RCW 11.130, give notice to parents and other required parties, and present evidence showing the parents are unable to care for the child. Many people ask us to prepare declarations, gather records, and appear in court on their behalf.

What evidence does the judge look for?

Neglect, unsafe housing, substance abuse, criminal activity, missed school, medical neglect, abandonment, or inability to meet basic needs. Stability and safety of the proposed guardian also matter.

Do both parents have to agree?

No. In fact, a minor guardianship will not succeed if one parent is able to care for the child. So usually both parents don’t agree with the minor guardianship. You must prove they cannot care for the child.

Do I need a lawyer for a minor guardianship?

You can file without one, but the process is legalistically demanding and fact-intensive. Because parents have constitutional rights, courts require precision in the filings. An attorney helps prevent mistakes that lead to delay or dismissal.

Can CPS help me get custody of the child?

Sometimes—but usually CPS will only act if the child is in immediate danger. Minor guardianship is often the faster and more stable path for relatives.

Costs, Time, and Practical Considerations

How much does a minor guardianship case cost at Pacific Northwest Family Law?

Costs depend on conflict. Cooperative cases often fall in the $5,000–$10,000 range. Contested cases involving addiction, allegations of abuse, or contested evidence can range from $10,000–$40,000+ depending on complexity and hearings.

How long does a minor guardianship case take?

Emergency orders can be granted immediately. Full guardianship cases typically take 2–4 months if uncontested, and longer if the court orders evaluations or if parents fight the petition.

Can a minor guardianship help avoid foster care?

Yes. Courts often prefer a safe, stable family placement over foster care when possible.

Can guardians receive financial support?

Guardians may seek child support from the parents. They may also apply for state benefits depending on the child’s needs.

When Safety Matters, Skilled Guidance Makes the Process Faster and More Stable

Minor guardianship exists to protect children when parents temporarily cannot. It is one of the most technical and evidence-heavy areas of Washington family law, and success often depends on presenting the right documents, the right witnesses, and the right legal arguments in the right order. For relatives stepping up to protect a child, the process can feel urgent and overwhelming, especially when the situation involves addiction, mental health struggles, incarceration, or unsafe living conditions.

With experienced legal help, guardians can move quickly in emergencies, stay compliant with the strict requirements of RCW 11.130, and keep the case on track while the court evaluates parental progress. Parents also benefit from clear guidance when seeking to repair their lives and reunify. No one should navigate this alone when a child’s safety and future are at stake.

If you are considering a minor guardianship or facing one, Pacific Northwest Family Law can help you understand your options and protect the children in your care.

Reviewed by Attorney Zachary C Ashby, Pacific Northwest Family Law, December 2025