Wash. Rev. Code » Title 26 · Chapter 26.11
Revised Code of Washington

Wash. Rev. Code § 26.11.030 (2026)

✓ current as of May 2026
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(1) If a court has jurisdiction over the child pursuant to chapter 26.27 RCW, a petition for visitation under RCW 26.11.020 must be filed with that court.
(2) Except as otherwise provided in subsection (1) of this section, if a court has exclusive original jurisdiction over the child under *RCW 13.04.030(1) (a) through (d), (h), or (j), a petition for visitation under RCW 26.11.020 must be filed with that court. Granting of a petition for visitation under this chapter does not entitle the petitioner to party status in a child custody proceeding under Title 13 RCW.
(3) Except as otherwise provided in subsections (1) and (2) of this section, a petition for visitation under RCW 26.11.020 must be filed in the county where the child primarily resides.
(4) The petitioner may not file a petition for visitation more than once.
(5) The petitioner must file with the petition an affidavit alleging that:
(a) A relationship with the child that satisfies the requirements of RCW 26.11.020 exists or existed before action by the respondent; and
(b) The child would likely suffer harm or the substantial risk of harm if visitation between the petitioner and child was not granted.
(6) The petitioner shall set forth facts in the affidavit supporting the petitioner's requested order for visitation.
(7) The petitioner shall serve notice of the filing to each person having legal custody of, or court-ordered residential time with, the child. A person having legal custody or residential time with the child may file an opposing affidavit.
(8) If, based on the petition and affidavits, the court finds that it is more likely than not that visitation will be granted, the court shall hold a hearing.
(9) The court may not enter any temporary orders to establish, enforce, or modify visitation under this section.
[ 2018 c 183 s 3.]

Notes:

*Reviser's note: RCW 13.04.030 was amended by 2020 c 41 s 4, deleting subsection (1)(j).
Notes of Decisions
Cited in 4 cases (3 in the last 5 years), 2020–2025 · leading case: Katherine Naravane v. Michael Vinther (Wash. Ct. App. 2020).
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Katherine Naravane v. Michael Vinther (Wash. Ct. App. 2020). · cites it 5× “Only one round of affidavits is contemplated by statute—an opening affidavit from the petitioner and any opposing affidavit from the respondent; see RCW 26.11.030(5), (6)—but three rounds of declarations were filed in the action below.”
Glenna Mueller, V. Michael Johnson (Wash. Ct. App. 2024). · cites it 4× “A trial court will hold an evidentiary hearing on the request for nonparental visitation if it finds from the petition and declaration that it is more likely than not that it will grant visitation. RCW 26.11.030(8). But if the petitioner does not meet this threshold showing, a…”
Christine Louise Mckee, V. Heather Birkenshaw (Wash. Ct. App. 2025). · cites it 2× “RCW 26.11.030(5). A petitioner seeking court-ordered visitation under chapter 26.”
In the Matter of the Petition for Visits with: A.S.A. (Wash. Ct. App. 2022). “RCW 26.11.030(8). In other words, a trial court must forecast the likely outcome of a hearing on the petition.”
— Wash. Rev. Code § 26.11.030(5) — 3 cases
Katherine Naravane v. Michael Vinther (Wash. Ct. App. 2020). “Only one round of affidavits is contemplated by statute—an opening affidavit from the petitioner and any opposing affidavit from the respondent; see RCW 26.11.030(5), (6)—but three rounds of declarations were filed in the action below.”
Glenna Mueller, V. Michael Johnson (Wash. Ct. App. 2024). “A trial court will hold an evidentiary hearing on the request for nonparental visitation if it finds from the petition and declaration that it is more likely than not that it will grant visitation. RCW 26.11.030(8). But if the petitioner does not meet this threshold showing, a…”
Christine Louise Mckee, V. Heather Birkenshaw (Wash. Ct. App. 2025). “RCW 26.11.030(5). A petitioner seeking court-ordered visitation under chapter 26.”
— Wash. Rev. Code § 26.11.030(5)(b) — 1 case
Glenna Mueller, V. Michael Johnson (Wash. Ct. App. 2024). “A trial court will hold an evidentiary hearing on the request for nonparental visitation if it finds from the petition and declaration that it is more likely than not that it will grant visitation. RCW 26.11.030(8). But if the petitioner does not meet this threshold showing, a…”
— Wash. Rev. Code § 26.11.030(8) — 4 cases
Katherine Naravane v. Michael Vinther (Wash. Ct. App. 2020). “Only one round of affidavits is contemplated by statute—an opening affidavit from the petitioner and any opposing affidavit from the respondent; see RCW 26.11.030(5), (6)—but three rounds of declarations were filed in the action below.”
Glenna Mueller, V. Michael Johnson (Wash. Ct. App. 2024). “A trial court will hold an evidentiary hearing on the request for nonparental visitation if it finds from the petition and declaration that it is more likely than not that it will grant visitation. RCW 26.11.030(8). But if the petitioner does not meet this threshold showing, a…”
In the Matter of the Petition for Visits with: A.S.A. (Wash. Ct. App. 2022). “RCW 26.11.030(8). In other words, a trial court must forecast the likely outcome of a hearing on the petition.”
Christine Louise Mckee, V. Heather Birkenshaw (Wash. Ct. App. 2025). “RCW 26.11.030(5). A petitioner seeking court-ordered visitation under chapter 26.”
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