| Momentum Bucket | Early Stage |
| Legal Title | AN ACT Relating to establishing a constitutional floor in family law cases; |
| Bill Description | Establishing a constitutional floor in family law cases. |
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What this bill does
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This bill adds two new sections to chapter 26.09 RCW, creating a statutory "constitutional floor" for parental rights and custody matters and giving the act the short title "Troxel II." It establishes five governing principles: a presumption of parental fitness (including a custodial presumption favoring a 50/50 custody solution unless parents agree otherwise), that proven instances of violence, substance abuse, or neglect negate that presumption, strict scrutiny and least-restrictive-means requirements for any intrusion on the parent-child relationship, equal treatment of similarly situated parents, and an enforceable parental duty to cooperate.
Legally, the measure creates a new substantive and procedural framework in family law rather than amending criminal penalties. It defines certain terms (for example, "constitutional floor" and "presumption of parental fitness"), requires that only judges issue final decisions (advisors may only advise), mandates clear and contestable court orders, and prohibits use of secret evidence or one-way information pipelines. It expressly cites Troxel v. Granville and the First and Fourteenth Amendments as part of its findings.
The text provided does not state an effective date or give an exact RCW section number beyond being added to chapter 26.09, and several operative terms (for example, what constitutes "concrete proven" conduct, "enforceable" behaviors, or "one-way pipelines") and detailed implementation procedures are not defined in the excerpt. It is not clear from the provided text whether other related amendments appear elsewhere in the bill.
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Why it matters
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If enacted, the bill would make shared custody the starting point in Washington family courts and give parents a stronger presumption that they are fit, so the state or another party would need clear, proved evidence of violence, substance abuse, or neglect to alter that presumption. Judges would be required to limit intrusions on the parent-child relationship to the least restrictive means, treat similarly situated parents equally, enforce parental cooperation, and issue clear, contestable orders without relying on secret evidence or letting advisers make final decisions. That shifts practical options toward parents keeping or getting 50/50 custody by default, reduces the scope for third-party or administrative interventions without stronger proof, and limits advisers’ power unless a judge explicitly decides otherwise.
Those most affected are parents and children, and the courts and judges who will have to apply these new presumptions and standards. Likely effects include more contested hearings and appeals over what counts as “concrete proven” abuse, a higher evidentiary bar before children can be removed or custody restricted, and greater administrative burden on courts to write clearer, reviewable orders—potentially increasing demand for judicial time and resources. The bill leaves key terms and procedures undefined and gives no effective date or funding, so how courts implement these standards and how much additional cost or delay will result is uncertain.
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| Official Documents | View Full Bill Text |
| Date Introduced | 02/12/2026 |
| Originating Chamber | House |
| Biennium | 2025-26 |
| Total Campaign Dollars Backing Bill | $750,113.50 |
| DOMESTIC RELATIONS |
| Hearing | House Civil Rights & Judiciary (Public) |