Wash. Rev. Code » Title 26 · Chapter 26.27
Revised Code of Washington

Wash. Rev. Code § 26.27.021 (2026)

Definitions

✓ current as of May 2026
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The definitions in this section apply throughout this chapter, unless the context clearly requires otherwise.
(1) "Abandoned" means left without provision for reasonable and necessary care or supervision.
(2) "Child" means an individual who has not attained eighteen years of age.
(3) "Child custody determination" means a judgment, decree, parenting plan, or other order of a court providing for the legal custody, physical custody, or visitation with respect to a child. The term includes a permanent, temporary, initial, and modification order. The term does not include an order relating to child support or other monetary obligation of an individual.
(4) "Child custody proceeding" means a proceeding in which legal custody, physical custody, a parenting plan, or visitation with respect to a child is an issue. The term includes a proceeding for dissolution, divorce, separation, neglect, abuse, dependency, guardianship, paternity, termination of parental rights, and protection from domestic violence, in which the issue may appear. The term does not include a proceeding involving juvenile delinquency, emancipation proceedings under chapter 13.64 RCW, proceedings under chapter 13.32A RCW, or enforcement under Article 3.
(5) "Commencement" means the filing of the first pleading in a proceeding.
(6) "Court" means an entity authorized under the law of a state to establish, enforce, or modify a child custody determination.
(7) "Home state" means the state in which a child lived with a parent or a person acting as a parent for at least six consecutive months immediately before the commencement of a child custody proceeding. In the case of a child less than six months of age, the term means the state in which the child lived from birth with a parent or person acting as a parent. A period of temporary absence of a child, parent, or person acting as a parent is part of the period.
(8) "Initial determination" means the first child custody determination concerning a particular child.
(9) "Issuing court" means the court that makes a child custody determination for which enforcement is sought under this chapter.
(10) "Issuing state" means the state in which a child custody determination is made.
(11) "Modification" means a child custody determination that changes, replaces, supersedes, or is otherwise made after a previous determination concerning the same child, whether or not it is made by the court that made the previous determination.
(12) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, public corporation, or any other legal or commercial entity.
(13) "Person acting as a parent" means a person, other than a parent, who:
(a) Has physical custody of the child or has had physical custody for a period of six consecutive months, including any temporary absence, within one year immediately before the commencement of a child custody proceeding; and
(b) Has been awarded legal custody by a court or claims a right to legal custody under the law of this state.
(14) "Physical custody" means the physical care and supervision of a child.
(15) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
(16) "Tribe" means an Indian tribe or band, or Alaskan Native village, that is recognized by federal law or formally acknowledged by a state.
(17) "Warrant" means an order issued by a court authorizing law enforcement officers to take physical custody of a child.
[ 2001 c 65 s 102.]
Notes of Decisions
Cited in 25 cases (1 in the last 5 years), 2007–2026 · leading case: In re the Marriage of McDermott, 307 P.3d 717 (Wash. Ct. App. 2013).
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In re the Marriage of McDermott, 307 P.3d 717 (Wash. Ct. App. 2013). · cites it 11× “” RCW 26.27.021(3). It is not a court’s determination of its own jurisdictional authority.”
In Re Custody of AC, 200 P.3d 689 (Wash. 2009). · cites it 5× “" RCW 26.27.021(11) (emphasis added). Since the trial court's action in this case occurred after Montana's prior determination concerning custody of A.”
Nagel v. Cork, 165 Wash. 2d 568 (Wash. 2009). · cites it 5× “” RCW 26.27.021(11) (emphasis added). Since the trial court’s action in this case occurred after *576 Montana’s prior determination concerning custody of A.”
Ruff v. Knickerbocker, 275 P.3d 1175 (Wash. Ct. App. 2012). · cites it 2× “231(1)'s plain wording requires that an emergency result in the child being "subjected to or threatened with abuse." Ms. Ruff responds that there was an emergency because Mr.”
State v. Koch, 157 Wash. App. 20 (Wash. Ct. App. 2010). · cites it 2× “020 (criminal mistreatment), to mirror the definition of “physical custody” in RCW 26.27.021(14), which provides, “ ‘Physical custody’ means the physical care and supervision of a child.”
Tostado v. Tostado, 151 P.3d 1060 (Wash. Ct. App. 2007). · cites it 3× “See RCW 26.27.021. [6] Under RCW 26.27.021(3), "Child custody determination" means a judgment, decree, parenting plan, or other order of a court providing for the legal custody, physical custody, or visitation with respect to a child.”
In Re Parentage, Parenting, & Support of Arkk, 174 P.3d 160 (Wash. Ct. App. 2007). · cites it 2× “RCW 26.27.021(3). But a temporary order can confer only temporary jurisdiction, because an expired order has no continuing force or effect.”
Klein v. Kelly, 142 Wash. App. 297 (Wash. Ct. App. 2007). · cites it 2× “RCW 26.27.021(3). But a temporary order can confer only temporary jurisdiction, because an expired order has no continuing force or effect.”
In re Long, 421 P.3d 989 (Wash. Ct. App. 2018). · cites it 2× “RCW 26.27.021 (8). "A court of this state shall treat a foreign country as if it were a state of the United States for the purpose of applying Articles 1 and 2.”
In Re Custody of AC, 153 P.3d 203 (Wash. Ct. App. 2007). “RCW 26.27.021(7). A.C. had not lived in Washington or Montana for a full six months immediately before Anita and David filed the petition for nonparent custody.”
David N. v. Holly Marie C., 137 Wash. App. 245 (Wash. Ct. App. 2007). “RCW 26.27.021(7). A.C. had not lived in Washington or Montana for a full six months immediately before Anita and David filed the petition for nonparent custody.”
In re the Marriage of Tostado, 137 Wash. App. 136 (Wash. Ct. App. 2007). · cites it 3× “See RCW 26.27.021. Under RCW 26.27.021(3), “Child custody determination” means a judgment, decree, parenting plan, or other order of a court providing for the legal custody, physical custody, or visitation with respect to a child.”
Show all 25 citing cases →
— Wash. Rev. Code § 26.27.021(11) — 3 cases
In Re Custody of AC, 200 P.3d 689 (Wash. 2009). “" RCW 26.27.021(11) (emphasis added). Since the trial court's action in this case occurred after Montana's prior determination concerning custody of A.”
Nagel v. Cork, 165 Wash. 2d 568 (Wash. 2009). “” RCW 26.27.021(11) (emphasis added). Since the trial court’s action in this case occurred after *576 Montana’s prior determination concerning custody of A.”
Brandee Mayton v. Peter Coneway (Wash. Ct. App. 2020).
— Wash. Rev. Code § 26.27.021(13) — 2 cases
In Re Custody of AC, 200 P.3d 689 (Wash. 2009). “" RCW 26.27.021(11) (emphasis added). Since the trial court's action in this case occurred after Montana's prior determination concerning custody of A.”
Nagel v. Cork, 165 Wash. 2d 568 (Wash. 2009). “” RCW 26.27.021(11) (emphasis added). Since the trial court’s action in this case occurred after *576 Montana’s prior determination concerning custody of A.”
— Wash. Rev. Code § 26.27.021(14) — 2 cases
State v. Koch, 157 Wash. App. 20 (Wash. Ct. App. 2010). “020 (criminal mistreatment), to mirror the definition of “physical custody” in RCW 26.27.021(14), which provides, “ ‘Physical custody’ means the physical care and supervision of a child.”
State v. Koch, 237 P.3d 287 (Wash. Ct. App. 2010).
— Wash. Rev. Code § 26.27.021(3) — 9 cases
In re the Marriage of McDermott, 307 P.3d 717 (Wash. Ct. App. 2013). “” RCW 26.27.021(3). It is not a court’s determination of its own jurisdictional authority.”
In Re Custody of AC, 200 P.3d 689 (Wash. 2009). “" RCW 26.27.021(11) (emphasis added). Since the trial court's action in this case occurred after Montana's prior determination concerning custody of A.”
Nagel v. Cork, 165 Wash. 2d 568 (Wash. 2009). “” RCW 26.27.021(11) (emphasis added). Since the trial court’s action in this case occurred after *576 Montana’s prior determination concerning custody of A.”
In Re Parentage, Parenting, & Support of Arkk, 174 P.3d 160 (Wash. Ct. App. 2007). “RCW 26.27.021(3). But a temporary order can confer only temporary jurisdiction, because an expired order has no continuing force or effect.”
Klein v. Kelly, 142 Wash. App. 297 (Wash. Ct. App. 2007). “RCW 26.27.021(3). But a temporary order can confer only temporary jurisdiction, because an expired order has no continuing force or effect.”
— Wash. Rev. Code § 26.27.021(4) — 2 cases
Sergio E. Herrera v. Sandra Villaneda, 416 P.3d 733 (Wash. Ct. App. 2018).
Lisa Susan Smith v. Chris Jeffrey Raymond (Wash. Ct. App. 2019).
— Wash. Rev. Code § 26.27.021(5) — 2 cases
In re the Marriage of McDermott, 307 P.3d 717 (Wash. Ct. App. 2013). “” RCW 26.27.021(3). It is not a court’s determination of its own jurisdictional authority.”
Wendy A. Mcdermott, App. v. Justin J. Mcdermott, Resp. (Wash. Ct. App. 2013).
— Wash. Rev. Code § 26.27.021(7) — 15 cases
In re the Marriage of McDermott, 307 P.3d 717 (Wash. Ct. App. 2013). “” RCW 26.27.021(3). It is not a court’s determination of its own jurisdictional authority.”
In Re Custody of AC, 200 P.3d 689 (Wash. 2009). “" RCW 26.27.021(11) (emphasis added). Since the trial court's action in this case occurred after Montana's prior determination concerning custody of A.”
Nagel v. Cork, 165 Wash. 2d 568 (Wash. 2009). “” RCW 26.27.021(11) (emphasis added). Since the trial court’s action in this case occurred after *576 Montana’s prior determination concerning custody of A.”
In Re Parentage, Parenting, & Support of Arkk, 174 P.3d 160 (Wash. Ct. App. 2007). “RCW 26.27.021(3). But a temporary order can confer only temporary jurisdiction, because an expired order has no continuing force or effect.”
In Re Custody of AC, 153 P.3d 203 (Wash. Ct. App. 2007). “RCW 26.27.021(7). A.C. had not lived in Washington or Montana for a full six months immediately before Anita and David filed the petition for nonparent custody.”
— Wash. Rev. Code § 26.27.021(8) — 1 case
Michelangelo Borrello v. Chandra Long (Wash. Ct. App. 2018).
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