§51.02 Uniform Guardianship Act, Article 2—Guardianship for Child

• Jurisdiction: Washington

§ 51.02 Uniform Guardianship Act, Article 2—Guardianship for Child

[1] Venue

Venue for a guardianship proceeding for a minor lies in the superior court of the county of the child's residence, or where the child is present at the time the proceeding commences, unless there are proceedings concerning the custody of or parental rights of the child pending in another county, then that county is the proper venue. RCW 11.130.030.

[2] Jurisdiction

[a] In Personam Jurisdiction

A guardian who accepts an appointment in Washington state submits to personal jurisdiction of the court in the state in any proceeding relating to the guardianship. RCW 11.130.045.

[b] Subject Matter Jurisdiction

To qualify to file a guardianship action, a person who is not a parent must meet three jurisdictional tests:

1. Jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), RCW 26.27.201, and its federal counterpart, the Parental Kidnapping Prevention Act (PKPA), 28 U.S.C. § 1738A(c)(2,), RCW 11.130.020(1);
2. Jurisdiction under RCW 11.130.020; and
3. Jurisdiction under the U.S. Constitution.

[i] UCCJEA/PKPA

The UCCJEA and PKPA are fully discussed in Chapter 46 (Custody Proceedings: Jurisdiction and Full Faith and Credit) of this deskbook. That discussion is fully applicable to guardianship actions under Chapter 11.130 RCW, as well as those between parents. See RCW 26.27.021(3)-(4).

[ii] RCW...