Washington § 26.38.110 - Prohibited custody transfer.

Full text of Washington Revised Code of Washington § 26.38.110 — Prohibited custody transfer., with citation guidance and answers to common questions.

§ 26.38.110. Prohibited custody transfer.

(1) Except as provided in subsection (2) of this section, a parent or guardian of a child or an individual with whom a child has been placed for adoption may not transfer custody of the child to another person with the intent, at the time of the transfer, to abandon the rights and responsibilities concerning the child.
(2) A parent or guardian of a child or an individual with whom a child has been placed for adoption may transfer custody of the child to another person with the intent, at the time of the transfer, to abandon the rights and responsibilities concerning the child only through:
(a) A judicial award of custody under chapter 11.130 or 13.34 RCW or this title;
(b) Placement by or through a child-placing agency;
(c) A judicial award of custody or other action in a tribal court; or
(d) Transfer of a newborn to a qualified person under RCW 13.34.360.
(3) A person may not receive custody of a child, or act as an intermediary in a transfer of custody of a child, if the person knows or reasonably should know the transfer violates subsection (1) of this section. This prohibition does not apply if the person, as soon as practicable after the transfer, notifies the department or law enforcement of the transfer or takes appropriate action to establish custody under subsection (2) of this section.
(4) Violation of this section is a gross misdemeanor.
(5) Violation of subsection (1) of this section is not established solely because a parent or guardian that transfers custody of a child or makes a delegation pursuant to RCW 11.130.145 does not regain custody.
(6) For purposes of this section, "abandon" has the same meaning as "abandoned" in RCW 13.34.030.
[ 2022 c 88 s 202.]

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Frequently Asked Questions About Washington § 26.38.110

What does Revised Code of Washington § 26.38.110 cover?

Section 26.38.110 ("Prohibited custody transfer.") is part of the Revised Code of Washington, the codified statutory law of Washington. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Washington § 26.38.110?

A common citation format is "Revised Code of Washington § 26.38.110" (Washington). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Washington law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Washington official source linked on this page or consult a licensed Washington attorney.

How does Washington § 26.38.110 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Washington can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Washington.