Senate Bill 5533 (69th Legislature, 2025 Regular Session) amends RCW 26.16.125 to change parental rights and responsibilities: in the absence of misconduct, each parent is declared to have equal rights and responsibilities and is equally entitled to custody, control, and the earnings of their children. The amendment also provides that if one parent dies, the surviving parent shall come into full and complete control of the children and their estate. The bill specifies that "misconduct" includes having a history of domestic violence against the child's living or deceased parent, and it references RCW 10.99.020 for the definition of "history of domestic violence" (the full text of that definition is not included here). This is a modification of existing law rather than the creation of a new crime or a change in criminal penalties. The document shows sponsors (Senators Fortunato and Christian), referral to the Senate Committee on Law & Justice, and a first reading on 01/28/25. No effective date is provided in the extracted text, and it is unclear whether the bill contains additional sections or provisions beyond the amendment shown.

If this becomes law, courts and families would start from a default that both parents have equal rights and responsibilities for custody, control, and a child's earnings unless one parent is shown to have engaged in "misconduct." That default could make custody and decision-making simpler for many intact or cooperative households and would give the surviving parent clear legal control over the children and their estate without extra proceedings after a death, reducing some probate or guardianship disputes. Parents who have a documented history of domestic violence, as defined in RCW 10.99.020, would not get that presumption and would face a higher risk of losing custody or control. The people most affected are parents, children, and the estates of minor children; responsibilities for care and control would be treated as equally shared by default, and survivors would more readily assume estate control. Practical costs and risks include potentially more litigation for families where one party seeks to prove or disprove "misconduct" (including establishing a history of domestic violence), and possible reduced options for relatives or others who might otherwise seek custody when no misconduct is shown. The bill text here does not include an effective date or the full statutory definition of "history of domestic violence," so timing and the precise scope of who is excluded remain unclear.