wa-law.org > bill > 2025-26 > HB 2735 > Original Bill
The legislature recognizes that:
Parents are responsible for protecting and preserving the health and well-being of their minor children. When two adults choose to have a child together, they incur enduring fiduciary-like duties of care and loyalty;
In Troxel v. Granville, the United States supreme court recognized parental rights as a fundamental liberty interest, yet declined to set a standard of review;
As the United States Constitution is the supreme law of the land, it behooves us to apply Madisonian guardrails around parental and children's rights;
The first amendment protects freedom of speech, and it guarantees that citizens may speak without fear of government retaliation; and
The fourteenth amendment guarantees due process, where no person shall be deprived of liberty without due process of law.
The legislature intends for this chapter to be implemented subject to a constitutional floor that consists of the following principles:
Presumption of parental fitness. Similar to the presumption of innocence until proven guilty, a parent is presumed to be a fit parent unless the state proves otherwise. A fit parent is a sovereign actor, entrusted by nature and recognized by law to direct the child's development to adulthood. The parent holds a natural right to exercise authority over the child. The child holds a reciprocal natural right to be raised by fit sovereign parents. The custodial presumption is that parents will agree upon a 50/50 custody solution unless they agree upon another arrangement. Concrete proven violence, substance abuse, or neglect negates this presumption;
Strict scrutiny and least restrictive means. Any intrusion on the parent-child bond must err on the side of the United States Constitution and be the least restrictive to those rights;
Equal standing. Similarly situated parents must be treated equally;
Parental duty to cooperate. Parents must cooperate in accordance with enforceable behaviors that prevent sabotage and keep both homes functional; and
Nondelegation and auditable orders. Advisors may advise but only judges decide. Court orders must be clear and contestable. No secret evidence or one-way pipelines may be permitted.
Together, these principles replace drift with equilibrium and discretion with auditable discipline. The constitutional floor overturns no precedent, respects federalism, and invites state innovation above the floor.
This act may be known and cited as Troxel II.