When a child needs a stable home and the parents cannot provide one, guardianship is the legal structure that makes it possible. We help families build arrangements that protect the child and hold up in court.
Minor guardianship exists for children whose parents — because of death, illness, incapacity, incarceration, substance abuse, or other serious circumstances — cannot meet their care needs. The guardian, often a grandparent, aunt, uncle, or trusted family friend, steps in with legal authority to make decisions for the child.
Washington’s guardianship process is deliberate. Courts have to balance the child’s need for stable care against the constitutional rights of the biological parents. The guardian’s role, scope of authority, and duration are all defined by the court order. Getting it right matters — the child’s school enrollment, medical consent, and daily care depend on the guardianship being properly established.
Guardianship is not adoption. Parents retain certain rights unless they are separately terminated or relinquished. But for the child, guardianship provides the stability, continuity, and advocacy they need during a period when their parents cannot provide it.
We work with prospective guardians to assess whether guardianship is the right tool for the situation, or whether a different structure — a parenting plan third-party caregiver designation, non-parental custody, or another path — fits better.
When guardianship is the right path, we handle the petition, notice requirements, court hearings, and post-appointment compliance. We also work with families where guardianship needs to end because a parent is ready to resume care.
“Better to talk to an attorney before you do something, rather than after you've done something.”
— Paul Posadas, Founding AttorneyGuardianship is one of several legal tools for children who need alternative care. Before we petition, we assess whether guardianship fits — or whether a different structure serves the family better.
Washington courts scrutinize guardianship petitions carefully. We prepare complete filings with the evidence and supporting documentation the court expects — avoiding delays and repeated hearings.
Every guardianship has a scope and duration. We draft orders that give the guardian the authority they need, preserve the parents' rights where appropriate, and build in off-ramps for when circumstances change.
Guardianship is a deliberate legal process with specific requirements:
The petition must establish that guardianship serves the child's welfare and that the proposed guardian is suitable. Supporting documentation varies by case — medical records, school records, witness statements, and background checks.
Biological parents have constitutional rights that require formal notice of the guardianship petition. Notice requirements are strict and vary based on whether parents are known, locatable, or contesting.
The court defines what the guardian can and cannot decide — education, healthcare, residence, religion. Full guardianships and limited guardianships differ in scope.
Washington guardians often have reporting requirements — annual reports on the child's welfare and any significant changes. We help guardians stay in compliance.
Guardianships end when the child turns 18, when a parent is ready to resume care, or when the guardian can no longer serve. Each ending has its own process.
When biological parents contest guardianship, the case becomes more complex. We represent both petitioning guardians and parents opposing guardianship.
Before we tell you what we think, we hear what you're facing.
→You should understand the legal landscape before you make decisions in it.
→A real plan with real contingencies — not a template.
→Inside the courtroom, at the negotiation table, and everywhere in between.
→You'll never wonder what's happening in your case.
→The case ends. Your life continues. We plan for both.
→Adoption permanently terminates the biological parents' rights and creates a new legal parent-child relationship. Guardianship provides care authority without terminating parental rights — parents retain certain rights unless separately terminated. Guardianship is typically reversible; adoption is not.
Not necessarily. If parents agree, the process is faster. If they don't agree, the petitioner must demonstrate that guardianship is necessary and serves the child's welfare. Parents have constitutional rights that the court must weigh.
Yes. Grandparents, aunts, uncles, and other relatives frequently serve as guardians when parents cannot provide care. Non-relative guardianships are also possible when the proposed guardian has a meaningful relationship with the child.
Agreed guardianships can resolve in a few months. Contested guardianships take longer, sometimes 6-12 months, depending on the court's schedule and the complexity of the evidence.
Often yes, if circumstances change. A parent who has resolved the issues that prompted guardianship can petition to terminate it. The court will assess whether termination serves the child's current welfare.
Yes, within the scope defined by the court order. Most guardianship orders grant authority over education, healthcare, and daily care. Limited guardianships are narrower in scope.
What Clients Say
Strata Family Law represents guardianship clients across Thurston County (Olympia, Lacey, Tumwater, Yelm, Rainier, Tenino), Pierce County (Tacoma, Puyallup, University Place, Lakewood, Gig Harbor, DuPont, Bonney Lake), and Lewis County (Chehalis, Centralia, Napavine, Morton). Whether your case is in Olympia, Tacoma, or anywhere across the greater South Sound, you get the same team, the same standard, and the same commitment.
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