Washington § 26.11.060 Modification or termination of orders granting visitation—Substantial change of circumstances.

Washington Statutes

§ 26.11.060 — Modification or termination of orders granting visitation—Substantial change of circumstances.

Washington § 26.11.060

Title 26DOMESTIC RELATIONS

Ch. 26.11NONPARENTAL CHILD VISITATION—RELATIVES

This text of Washington § 26.11.060 (Modification or termination of orders granting visitation—Substantial change of circumstances.) is published on Counsel Stack Legal Research, covering Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Wash. Rev. Code § 26.11.060 (2026).

Text

(1)A court may not modify or terminate an order granting visitation under RCW 26.11.040 unless it finds, on the basis of facts that have arisen since the entry of the order or were unknown to the court at the time it entered the order, that a substantial change of circumstances has occurred in the circumstances of the child or nonmoving party and that modification or termination of the order is necessary for the best interest of the child.

(2)(a) If a court has jurisdiction over the child pursuant to chapter 26.27 RCW, a petition for modification or termination under this section must be filed with that court.

(b)Except as otherwise provided in (a) of this subsection, if a court has exclusive original jurisdiction over the child under *RCW 13.04.030 (1) (a) through (d), (h), or (j), a

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(1) A court may not modify or terminate an order granting visitation under RCW 26.11.040 unless it finds, on the basis of facts that have arisen since the entry of the order or were unknown to the court at the time it entered the order, that a substantial change of circumstances has occurred in the circumstances of the child or nonmoving party and that modification or termination of the order is necessary for the best interest of the child.

(2)(a) If a court has jurisdiction over the child pursuant to chapter 26.27 RCW, a petition for modification or termination under this section must be filed with that court.

(b) Except as otherwise provided in (a) of this subsection, 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 modification or termination under this section must be filed with that court.

(c) Except as otherwise provided in (a) or (b) of this subsection, a petition for modification or termination under this section must be filed in the county where the child primarily resides.

(3) The petitioner must file with the petition an affidavit alleging that, on the basis of facts that have arisen since the entry of the order or were unknown to the court at the time it entered the order, there is a substantial change of circumstances of the child or nonmoving party and that modification or termination of the order is necessary for the best interest of the child. The petitioner shall set forth facts in the affidavit supporting the petitioner's requested order.

(4) The petitioner shall serve notice of the petition to each person having legal custody of, or court-ordered residential time or court-ordered visitation with, the child. A person having legal custody or residential or visitation time with the child may file an opposing affidavit.

(5) If, based on the petition and affidavits, the court finds that it is more likely than not that a modification or termination will be granted, the court shall hold a hearing.

(6) The court may award reasonable attorneys' fees and costs to either party.

* Reviser's note: RCW 13.04.030 was amended by 2020 c 41 s 4, deleting subsection (1)(j).