The form most people search for as the “Washington Adoption 401” is the FL Non-Parent 401 Non-Parent Custody Petition, the mandatory statewide form a relative or other non-parent files to ask a Washington Superior Court for legal custody of a child when neither parent can safely raise that child. It is the closest “401” cousin to adoption, and families filing it are almost always trying to give a child a stable, permanent home, which is why so many searchers link it to adoption.
Washington does not publish a statewide pattern form literally titled “Adoption 401.” True adoption runs under RCW Chapter 26.33 through county packets. This guide covers the FL Non-Parent 401 (the real “401”), explains how it differs from adoption, and walks you through every box. The form is current as of its Mandatory Form (07/2017) revision date printed in the footer, and the Washington Courts forms library reports family law as its single most downloaded form category, with non-parent custody filings numbering in the thousands each year.
Here is what you will learn:
- 📋 What the FL Non-Parent 401 does and who is allowed to file it
- 🗂️ Every document and detail to gather before you open the form
- ✍️ A line-by-line walkthrough of all 19 numbered sections, with sample entries
- 👨👩👧 Three real filled-out scenarios you can model your own answers on
- ⚖️ The mistakes that get petitions rejected and how to file the right way
What the Form Is and Who Must File It
The FL Non-Parent 401 is a Non-Parent Custody Petition, the document that opens a custody case under RCW 26.10.030. A non-parent is anyone who is not the child’s legal parent, such as a grandparent, aunt, uncle, family friend, or older sibling. You file it when a child needs to live with you instead of a parent, and you want a court order that makes your care legal and enforceable. Without that order, schools, doctors, and other agencies may refuse to treat you as the child’s decision-maker.
You must file this form if you want legal custody but you are not asking to become the child’s permanent legal parent. That last point is what separates it from adoption. An adoption permanently ends the birth parents’ rights and makes you the legal parent for life under RCW 26.33.260. Non-parent custody does not cut off parental rights; the parents stay parents, but you hold custody. People file the 401 when adoption is not possible, not wanted, or not yet ready to happen.
The form goes to the Superior Court in the county where the child lives or is found, and the court clerk receives and processes it. The statute that requires it sets a high bar: you must show “adequate cause,” meaning real proof that the child should not live with either parent. Courts take this seriously because removing a child from a parent is a major step. A petition with weak facts gets dismissed early, so the form is built to make you state your reasons up front.
Before You Start: Documents and Information You Need
Gather everything below before you open the PDF. Missing details are the top reason filers stall halfway through and file an incomplete petition that the clerk or judge sends back.
- Each child’s full legal name and date of birth. The court needs exact identities; a wrong birth date can attach orders to the wrong child record.
- Your home address and county. The form asks where you live and where the child is found, which sets venue; the wrong county can get the case transferred or dismissed.
- Names and last known addresses of both parents. You must name and serve every parent; if you skip one, the court cannot enter final orders.
- A 5-year address history for each child. Section 10 demands it for jurisdiction; gaps here trigger questions about which state can decide the case.
- Facts showing the parents are unfit or that the child would be harmed. This is your “adequate cause”; without specific facts the petition fails at the threshold stage.
- Any tribal enrollment information. If a child may be an Indian child, the Indian Child Welfare Act applies and notice rules change the whole case.
- Case numbers for any other court cases about the child. Section 12 needs them; hidden cases can clash with your custody order.
- The filing fee or a fee waiver request. Superior Court charges a filing fee; not having payment or a waiver stops your case from being filed.
- A proposed Residential Schedule (form FL Non-Parent 405) if you have one. Section 7 references it; filing it early speeds up visitation decisions.
- A photo ID. The clerk may ask for it at the counter, and you will sign under penalty of perjury.
Take time to confirm the parents’ current addresses. Service of process is the step most pro se filers get wrong, and a parent who is never properly served can later undo the entire custody order.
Where to Get the Form and How to Access It
Download the official PDF straight from the Washington Courts forms page, which hosts the current mandatory family law forms for free. Always pull it from the state site rather than a third-party “fillable form” reseller, because resellers often post outdated revisions, and using an old version can get your filing rejected. The footer of the correct form reads Mandatory Form (07/2017) FL Non-Parent 401.
You can fill the form three ways: type directly into the PDF on a computer, print it and write by hand in black ink, or use a county-provided online interview tool where available. Typing is safest because judges and clerks read typed petitions faster and misread fewer answers. If you write by hand, print clearly in block capitals so names and dates are not misread.
Many counties bundle the 401 inside a larger non-parent custody packet that also contains the Summons, the Residential Schedule, and the Confidential Information Form. King County, for example, posts full family law packets through its Superior Court. Grab the whole packet so you do not file the petition without its required companion forms.
Step-by-Step: How to Fill Out FL Non-Parent 401 Line by Line
Fill out the form in the exact order the sections appear. Below, each numbered section gets its own walkthrough with a sample entry, a common edge case, the mistake to avoid, and the myth to drop.
Caption: Court, Children, Petitioners, and Respondents
The top of page 1 asks for the county Superior Court, the children’s names under “In re custody of,” the Petitioner/s who start the case, and the Respondents, who are the parents and any guardian. Write the county where the child lives, then list every child and every parent. Robert Hale writes Snohomish as the county, lists his grandchild Mia Hale, names himself as Petitioner, and names Jenna Hale and Travis Cole as Respondents.
Leave the case number (“No.”) blank because the clerk assigns it when you file. A common edge case is two non-parents filing together, such as both grandparents; list both as Petitioners. The mistake to avoid is naming only one parent when two exist, because the court cannot enter final orders against a parent who was never named and served. Do not believe the myth that you can leave a parent off because “they are not involved”; the law still requires you to name and notify them.
Section 1: Petitioner’s Information
This section asks who you are, how you are related to the children, and the county and state where you live. Enter your full legal name, your relationship in plain words, and your county and state only, not your full street address. Robert Hale writes that his relationship is paternal grandfather and that he lives in Snohomish County, Washington.
If a second Petitioner is filing with you, fill in the lower block with that person’s name and relationship. The edge case here is a non-relative caregiver, such as a long-term family friend; you still write the true relationship, like family friend and caregiver since 2021. The mistake to avoid is listing a nickname instead of your legal name, which can cause mismatches on the final order. Drop the myth that only blood relatives can file; the statute lets any qualified non-parent petition for custody.
Section 2: Children
Here you list each child you want custody of, with each child’s name and age. Only list children who live in or can be found in the county where you file. Robert lists Mia Hale, age 7 in row 1 and leaves the other rows blank because she is the only child.
The edge case is a sibling group; list each child on a separate line so each gets covered by the order. The mistake to avoid is listing a child who lives in another county or state, which can knock out the court’s authority to decide that child’s case. Do not assume you can add a child later by writing them in by hand after filing; new children usually require an amended petition.
Section 3: Adults in the Household
This box asks for the names and ages of the adults who live in your home. The court wants to know who else the child will live around. Robert lists himself, age 66, and his wife Carol Hale, age 64.
The edge case is an adult roommate or grown child living with you; list them even if they are not part of the case, because the court reviews the home environment. The mistake to avoid is hiding an adult with a criminal history, since background checks may surface them and damage your credibility. The myth to drop is that this box is optional; an empty box invites the judge to question your home study.
Section 4: Respondents’ Information
List the children’s parents and any current guardian or custodian, with each person’s name, relationship, and county and state. Robert names Jenna Hale as mother, living in King County, Washington, and Travis Cole as father, living in Pierce County, Washington.
The edge case is an unknown or absent father; write father, whereabouts unknown and be ready to ask the court about service by publication. The mistake to avoid is guessing an address you are not sure of, because bad service voids later orders. Do not believe the myth that an absent parent loses standing; until a court terminates rights, that parent remains a Respondent with the right to notice.
Section 5: Why the Children Should Not Live With a Parent
This is the heart of the petition. You must check at least one box showing the children are not living with either parent or that neither parent is a suitable custodian, then give facts that the parents are unfit or that the child would suffer actual harm. Robert checks that the children are not living with either parent, names himself as the person they live with since 03/01/2024, and writes facts about the mother’s untreated addiction and the father’s incarceration.
The edge case is one fit parent and one unfit parent; you must still show why the child should not live with the fit parent, which is a high bar. The mistake to avoid is writing vague statements like they are bad parents, because judges need concrete facts, dates, and events. Drop the myth that loving the child more is enough; the law requires proof of unfitness or actual detriment, not just that your home is nicer.
Section 6: Why the Children Should Live With Petitioner
Here you explain why custody with you serves the children’s best interests. Write specific reasons about stability, schooling, bonding, and care. Robert writes that Mia has lived with him for over a year, attends a local school, has her own room, and is emotionally bonded to him and his wife.
The edge case is a very recent placement; if the child just moved in, lean on the danger in the parents’ homes rather than long-term stability. The mistake to avoid is leaving this box blank or too short, since it is your main argument and judges weigh it heavily. The myth to drop is that the court already knows your situation; the judge only knows what you write on the form.
Section 7: Respondents’ Visitation
This section handles parent visitation. You can ask the court to approve a proposed Residential Schedule (form FL Non-Parent 405), file it now or later, or ask for no visitation based on listed severe reasons like abandonment, abuse, or domestic violence. Robert checks that he will file and serve his proposed Residential Schedule later and supervised visits for the mother.
The edge case is a parent with a history of domestic violence as defined in RCW 26.50.010; check that reason and name the parent it applies to. The mistake to avoid is requesting no visitation without checking a qualifying reason, which the court will not grant on a blank claim. Do not believe the myth that a parent always gets visitation; the form exists precisely to limit or deny it where the facts justify that.
Section 8: Support, Insurance, and Taxes
This box lets you ask the court to order the parents to pay child support under the Child Support Schedule Worksheets, keep health insurance, cover day care and uninsured medical costs, or claim tax exemptions. Check all that apply. Robert checks pay child support according to the Child Support Schedule Worksheets and provide and keep health insurance for the children.
The edge case is a parent with no income; you can still request support, and the court sets an amount based on the schedule. The mistake to avoid is checking “no request” by accident, which leaves the child without ordered support. Drop the myth that asking for support hurts your case; the children have a legal right to support from their parents regardless of custody.
Section 9: Personal Jurisdiction Over Respondents
This asks whether a Washington court has authority over each parent and why, with boxes such as the parent will be personally served here, lives here, or lived here with the children. Check every reason that applies for each Respondent. Robert checks that the mother lives in this state now and that the father will be personally served in this state.
The edge case is an out-of-state parent; you may need a long-arm reason, such as the parent lived in Washington with the child. The mistake to avoid is checking “Yes” with no supporting box, because the court needs a stated reason for jurisdiction. The myth to drop is that filing in Washington alone gives the court power over a distant parent; jurisdiction over the person requires a real connection.
Section 10: Children’s Homes
This section asks where each child has lived during the past 5 years, on an Indian reservation, outside Washington, in a foreign country, or with anyone other than the parties. Check “No” if none apply, or fill the table with dates, who the child lived with, and the place. Robert checks Yes and lists Mia lived with her mother in King County from 2020 to 2024, then with him in Snohomish County from 03/2024 to present.
The edge case is a child who moved often; list every move so the court can confirm Washington is the home state. The mistake to avoid is leaving the table blank when boxes apply, which raises jurisdiction doubts under the UCCJEA. Do not assume short visits to relatives count as “living with” someone; only real residences belong in this table.
Section 11: Other People With a Legal Right to See the Child
Here you state whether anyone besides you and the parents claims a legal right to spend time with the children, such as a grandparent with an existing order. Check “No” or list each person and the children involved. Robert checks No because no one else holds visitation rights.
The edge case is a step-parent or relative with a prior court-ordered visitation; list them so the court can account for that order. The mistake to avoid is hiding a known claimant, since they can later intervene and disrupt your case. The myth to drop is that informal visits create legal rights; only a court order or statute does, so casual contact does not belong here.
Section 12: Other Court Cases Involving a Child
This box asks if you know of any other court cases about these children, such as family law, dependency, or protection order cases, listing the kind, county, case number, and children. Robert lists a dependency case in King County, case number 23-7-01234-1, involving Mia.
The edge case is a closed case; list it anyway, because past orders can still control parts of custody. The mistake to avoid is omitting a dependency case, which can directly conflict with your petition and confuse the court. Do not believe the myth that only open cases matter; judges want the full history to avoid contradictory orders.
Section 13: Are Any of the Children Indian Children?
This section requires you to find out if any child is an Indian child, meaning a tribal member or the biological child of a member who is eligible for membership. Check “No,” “Yes,” “Maybe,” or “I do not know,” and explain how you know. Robert checks No, none of the children are Indian children and writes I confirmed with both parents that the family has no tribal enrollment.
The edge case is uncertain heritage; check “Maybe” and commit to sending the ICWA Notice (form FL Non-Parent 402) to the tribes. The mistake to avoid is checking “No” without actually asking, because a missed ICWA child can void the entire case years later. The myth to drop is that ICWA only matters for reservation children; it applies to eligible children anywhere.
Section 14: Jurisdiction Over Indian Children
If any child is an Indian child, this box explains why a state court can still decide the case, such as the child not living on a reservation under 25 USC 1911. Check “Does not apply” if no child is an Indian child. Robert checks Does not apply because none of the children are Indian children.
The edge case is a child domiciled on a reservation; you may need the tribe’s agreement to concurrent jurisdiction or an emergency basis. The mistake to avoid is skipping this section after answering “Maybe” in Section 13, which leaves a hole the judge must flag. Do not assume the state court automatically has power over an Indian child; tribal jurisdiction often comes first.
Section 15: Jurisdiction Over the Children
This section states why this court can decide the case under the UCCJEA, with boxes for home state jurisdiction, exclusive continuing jurisdiction, no home state, or temporary emergency jurisdiction. Check what applies. Robert checks Home state jurisdiction because Mia lived in Washington with him for the 6 months before filing.
The edge case is a child here less than 6 months; you may rely on temporary emergency jurisdiction if the child was abandoned or abused here. The mistake to avoid is checking the wrong jurisdiction box, which is a leading cause of dismissal for non-parent petitions. The myth to drop is that living anywhere in Washington equals home state; the 6-month rule controls.
Section 16: Protection Order
This asks whether you want the court to issue an Order for Protection as part of the final orders. Check “No,” or “Yes” and file the separate protection order petition, or note an existing order with its court, case number, and expiration. Robert checks No because no protection order is needed.
The edge case is ongoing threats from a parent; check “Yes” and file form DV-1.015 using the same case number. The mistake to avoid is checking “Yes” without filing the separate petition, since the custody form alone does not create a protection order. Do not believe the myth that a custody case automatically protects you; you must request protection through the right form.
Section 17: Restraining Order
This section lets you ask for a restraining order, such as do-not-disturb, stay-away, do-not-hurt, or surrender-weapons orders, naming the person and the type. Check “No” if none apply. Robert checks No because he does not need a restraining order.
The edge case is needing protection immediately; you must file a separate motion, such as form FL Non-Parent 421 for an immediate order. The mistake to avoid is expecting an instant order from this box, because final restraining orders come at the end of the case unless you file a motion now. The myth to drop is that asking for weapons surrender is automatic; the court must follow specific state and federal weapon rules.
Section 18: Fees and Costs
Here you choose “No request” or ask the court to order who pays court costs, guardian ad litem fees, lawyer fees, and other reasonable fees. Robert checks the box asking the court to order the parents to pay guardian ad litem fees because a guardian ad litem may be appointed for Mia.
The edge case is a low-income filer; you can ask for a fee waiver from the court separately from this box. The mistake to avoid is assuming the parents will automatically pay; you must request it here for the court to consider it. Do not believe the myth that fees are always split evenly; the judge decides based on each party’s situation.
Section 19: Other Requests, Signature, and Respondent Join
This final section lets you add any other requests, then sign under penalty of perjury with the city, state, and date. A Respondent parent who agrees may sign the join section at the end. Robert signs at Everett, Washington on 05/15/2026, and the father Travis Cole signs the join block agreeing to the petition.
The edge case is a parent who agrees but wants notice of hearings; they check the box asking to be notified and list an address. The mistake to avoid is signing without reading, because false statements are perjury and can sink your case. The myth to drop is that a parent’s signature finishes the case; the judge still must enter final orders after review.
Three Filled-Out Examples Using Real Scenarios
These three named filers show how different families complete the same FL Non-Parent 401. Use them as a map for your own facts.
Scenario 1: Robert, a grandfather raising his grandchild after a parent’s addiction
| Form Section | What Robert Enters |
|---|---|
| Court / County | Snohomish County Superior Court |
| Section 1: Petitioner | Robert Hale, paternal grandfather, Snohomish County, WA |
| Section 2: Children | Mia Hale, age 7 |
| Section 4: Respondents | Jenna Hale (mother); Travis Cole (father) |
| Section 5: Why not a parent | Children not living with either parent since 03/01/2024; mother’s untreated addiction, father incarcerated |
| Section 6: Why with Petitioner | Mia has lived with him over a year, is bonded, and is thriving in school |
| Section 13: Indian child | No, confirmed no tribal enrollment |
| Section 15: Jurisdiction | Home state jurisdiction, 6-month rule met |
| Section 19: Signature | Signed at Everett, WA, 05/15/2026 |
Scenario 2: Aisha, an aunt stepping in after her sister’s death
| Form Section | What Aisha Enters |
|---|---|
| Court / County | Pierce County Superior Court |
| Section 1: Petitioner | Aisha Bello, maternal aunt, Pierce County, WA |
| Section 2: Children | Layla Bello, age 4; Omar Bello, age 6 |
| Section 4: Respondents | Mother deceased; Daniel Reed (father), whereabouts unknown |
| Section 5: Why not a parent | Mother deceased; father has not contacted children since 2023 |
| Section 9: Jurisdiction over parent | Father to be served; if not located, service by publication |
| Section 12: Other cases | None known |
| Section 13: Indian child | Maybe; will send ICWA Notice (FL Non-Parent 402) to listed tribe |
| Section 19: Signature | Signed at Tacoma, WA, 05/20/2026 |
Scenario 3: Marcus and Carol, family friends caring for a neighbor’s child
| Form Section | What Marcus and Carol Enter |
|---|---|
| Court / County | King County Superior Court |
| Section 1: Petitioners | Marcus Lane and Carol Lane, family friends and caregivers since 2022, King County, WA |
| Section 2: Children | Noah Pratt, age 9 |
| Section 3: Adults in household | Marcus Lane, 41; Carol Lane, 39 |
| Section 4: Respondents | Tara Pratt (mother); father unknown |
| Section 5: Why not a parent | Mother homeless and unable to provide stable housing; child living with Lanes since 09/2023 |
| Section 7: Visitation | Will file proposed Residential Schedule (FL Non-Parent 405) later |
| Section 8: Support | Asks court to order mother to pay support per the Child Support Schedule |
| Section 19: Signature | Both signed at Seattle, WA, 05/22/2026 |
How to File the Completed Form
You file the FL Non-Parent 401 with the Superior Court Clerk in the county where the child lives. Washington offers several channels, and the right one depends on your county.
- In person: Bring the signed petition, the Summons, and any packet forms to the county Superior Court Clerk’s counter, for example the King County Clerk. Pay the filing fee by card, cash, check, or money order, and ask the clerk to stamp a conformed copy as your proof of filing.
- By mail: Send the signed originals and a check or money order for the fee to the county clerk’s mailing address, with a self-addressed stamped envelope so the clerk can mail back your stamped copy. Processing usually takes one to two weeks.
- E-filing: Many counties, including King and Pierce, accept electronic filing through the Washington Courts e-filing portal. Upload the PDF, pay the fee online by card, and save the confirmation email as proof of filing. E-filed documents are typically processed within one to three business days.
- Fax (limited): A few clerks accept fax filing with a credit card authorization; call first, because most counties have phased it out.
The Superior Court filing fee for a non-parent custody case generally runs in the low-to-mid $200s, though each county sets its own amount, so confirm with your clerk. If you cannot afford the fee, file a Motion and Declaration for Waiver of Civil Fees, and keep the signed waiver order as proof. After filing, you must serve the Summons and Petition on every parent and keep the signed proof of service, because the case cannot move forward until service is complete.
What Happens After You File
Once the clerk accepts your petition, you receive a case number and the case officially begins. You must serve each Respondent parent with the Summons and Petition, and they then have 20 days to respond if served in Washington, or 60 days if served outside the state. If a parent does not respond in time, you may be able to ask the court for an order by default.
Before the court grants custody, a judge or commissioner reviews whether you have shown “adequate cause” under RCW 26.10.030. Many counties hold an adequate cause hearing first; if you clear that bar, the case proceeds toward a final custody decision. The court may appoint a guardian ad litem to investigate and report on the child’s best interests, and that report often shapes the outcome.
A typical non-parent custody case takes several months to resolve, and longer if a parent contests it. The final order can grant you custody, set a residential schedule for the parents, and order child support. Keep certified copies of the final order, because schools, doctors, and agencies will ask to see proof that you hold legal custody.
Mistakes to Avoid When Filling Out the Form
- Filing in the wrong county. Custody must be filed where the child lives, and the wrong venue can get your case dismissed or transferred.
- Naming only one parent. Both legal parents must be named and served, or the court cannot enter final orders.
- Writing vague reasons in Section 5. Judges need specific facts, dates, and events, and generalities fail the adequate cause test.
- Leaving the jurisdiction boxes blank. Sections 9, 14, and 15 establish authority, and empty boxes invite dismissal.
- Guessing a parent’s address. Bad service voids later orders, so confirm the address before you file.
- Skipping the ICWA inquiry in Section 13. A missed Indian child can void the case years later under federal law.
- Using an outdated form version. A form that is not the current Mandatory Form (07/2017) revision can be rejected by the clerk.
- Forgetting companion forms. The Summons, Residential Schedule, and Confidential Information Form often must be filed with the petition.
- Signing without serving. Filing alone does not notify the parents, and the case stalls until service is proven.
- Confusing custody with adoption. Filing the 401 does not end parental rights, so do not expect it to make you the legal parent.
- Listing a child from another county or state. This can knock out the court’s authority over that child.
- Hiding other court cases in Section 12. Omitted dependency or family law cases can directly conflict with your order.
Do’s and Don’ts
Do:
- Do download the form from the official Washington Courts site, because resellers post outdated versions.
- Do type your answers when possible, since typed petitions are read faster and misread less.
- Do give specific facts in Sections 5 and 6, because the judge decides on what you write, not on what you assume they know.
- Do confirm each parent’s current address, since proper service protects your final order.
- Do ask about the Indian child question honestly, because ICWA compliance protects the whole case.
- Do keep conformed and certified copies, because agencies will demand proof of your custody.
Don’t:
- Don’t leave required boxes blank, because empty jurisdiction or fact sections invite dismissal.
- Don’t guess at addresses or facts, since errors made under penalty of perjury can sink your credibility.
- Don’t file without the companion packet forms, because a lone petition is often incomplete.
- Don’t treat the 401 as an adoption, since it does not terminate parental rights.
- Don’t skip service of process, because parents must be notified for orders to hold.
- Don’t wait to seal financial or medical reports, because General Rule 22 requires sealed cover sheets for those documents.
Filing on Your Own vs. With Help
Many filers handle the 401 pro se, while others hire a family law attorney, especially when a parent fights back. The table below weighs both paths.
| Pros of Filing on Your Own | Cons of Filing on Your Own |
|---|---|
| Saves attorney fees, which can run thousands of dollars | Easy to misjudge jurisdiction and adequate cause, leading to dismissal |
| You control the timing and pace of your case | No one checks your facts before a judge does |
| Court facilitators and packets guide simple, agreed cases | Contested cases get legally complex fast |
| You learn the process and your child’s situation directly | Service and ICWA errors can void orders |
| Works well when a parent agrees and signs the join block | A skilled opposing lawyer can outmaneuver a pro se filer |
For agreed cases where a parent signs the join section, going pro se with the help of a county facilitator is often enough. For contested cases, cases with an Indian child, or cases with an out-of-state or missing parent, consulting an attorney or your county’s legal aid resources protects you from costly errors.
FAQs
Is the FL Non-Parent 401 the same as an adoption form?
No. It opens a non-parent custody case under RCW 26.10 and does not end parental rights. True adoption uses county packets under RCW 26.33 and permanently makes you the legal parent.
Can a grandparent file the FL Non-Parent 401?
Yes. A grandparent or any qualified non-parent may file when neither parent can safely raise the child, as long as you can show adequate cause that the child should not live with a parent.
Do I write my county or my full street address in Section 1?
No. Section 1 asks only for your county and state, not your full street address, to keep your home address off the public petition while still setting venue.
Do I have to name a parent whose address I do not know?
Yes. You must name every legal parent in Section 4 even if their location is unknown, and you can then ask the court about service by publication.
Do I write the case number at the top of the form?
No. Leave the case number (“No.”) blank, because the clerk assigns it when you file the petition.
Can I leave Section 5 short if the reasons seem obvious?
No. Section 5 needs specific facts proving unfitness or actual detriment, and vague or short answers fail the adequate cause test that controls whether your case survives.
Does filing the 401 stop a parent’s visitation automatically?
No. Visitation continues unless you ask the court to limit or deny it in Section 7 and check a qualifying reason such as abuse or abandonment.
Is there a filing fee for the FL Non-Parent 401?
Yes. Superior Court charges a filing fee, generally in the low-to-mid $200s depending on the county, and you can request a fee waiver if you cannot afford it.
Can I file the FL Non-Parent 401 online?
Yes. Many counties, including King and Pierce, accept e-filing through the Washington Courts portal, and you save the confirmation email as your proof of filing.
Do I need to check the Indian child box if I am sure the child is not Native?
Yes. You must answer Section 13 and explain how you know, because the court requires a real ICWA inquiry even when the answer is “No.”
Can both grandparents file the petition together?
Yes. Two non-parents can file jointly; list both in the Petitioner blocks and have both sign the petition under penalty of perjury.
Does a parent’s signature in the join block end the case?
No. A signing parent agrees to the petition, but the judge still reviews the case and enters the final custody orders before anything becomes official.
Can I add another child to the form after I file it?
No. Adding a child usually requires an amended petition, so list every child in Section 2 before you file.
Will the court appoint someone to investigate?
Yes. The court may appoint a guardian ad litem to investigate the child’s best interests, and that report often carries heavy weight in the final decision.
Related reading
- Can Grandparents Adopt Their Grandchild? (w/Examples) +FAQs
- How to Fill Out Washington Form FL All Family 001 (w/Examples) + FAQs
- How to Fill Out Washington Form FL Parentage 301 (w/Examples) + FAQs
- How to Fill Out Florida Adoption Application (DCF) (w/Examples) + FAQs
- How to Fill Out Washington Adoption Paperwork 101 (w/Examples) + FAQs
- How to Fill Out Washington FL Non-Parent 415 (w/Examples) + FAQs
- How to Fill Out California Form FL-120 (w/Examples) + FAQs