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Over the decades, families have changed significantly in structure and makeup. Family law has, at times, struggled to keep up. In just the last ten years, gay marriage was nationally legalized, trans rights have become a major focus and adoption and fertility practices have come under scrutiny. The changes in society always outpace legislation in some ways, but laws in Washington are broadly applicable and can accommodate many of the newer struggles facing families.
The single most fundamental change in families is how often unmarried couples choose to have children. Most states worded child custody laws around marriages, legal separation and divorce. However, couples without that relationship history are different in fundamental ways, but statutorily, the laws can still apply in such situations as:
In fact, in support or permanent parenting plan discussion, marriage or parental relationship statuses are beyond the scope of the discussion. The primary focus in these discussions is always the best interests of the child.
Unmarried parents, while the fastest growing segment, aren’t the only group with serious custody concerns around parental rights. Grandparents, aunts, uncles, siblings and all levels of relations are often primary caregivers for children. The laws regarding these situations are complicated, and in Washington, they’re part of the minor guardianship laws.
Gaining and maintaining guardianship of a minor in Washington State is not an easy thing to do. However, there are many legal mechanisms that you can rely on that may make your relationship more secure under the legal realities.
As the law sometimes is not able to make changes or adapt to arising situations, you deserve to have a family law attorney who will advocate for you no matter what. Courts have significant authority to apply the law in novel ways, but that can only happen if your legal team is ready and willing to make the case.
With 30 years of experience in family law, Jason Benjamin has handled more than 1,000 child custody cases and regularly takes on complex, high-conflict matters involving emergency custody orders, domestic violence, restraining orders, mental health concerns, and substance abuse issues. Jason brings decades of courtroom experience to challenging family law disputes and is committed to protecting families during some of the most difficult moments of their lives. He is known for taking decisive action, building strong legal strategies, and advocating aggressively when the stakes are highest.
This page has been written and reviewed by the Envision Family Law team in accordance with our editorial guidelines.
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