Family law cases

AN ACT Relating to establishing a constitutional floor in family 1
law cases; adding a new section to chapter 26.09 RCW; and creating a 2
new section. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
NEW SECTION. Sec. 1. A new section is added to chapter 26.09 5
RCW to read as follows: 6
(1) The legislature recognizes that: 7
(a) Parents are responsible for protecting and preserving the 8
health and well-being of their minor children. When two adults choose 9
to have a child together, they incur enduring fiduciary-like duties 10
of care and loyalty; 11
(b) In Troxel v. Granville , the United States supreme court 12
recognized parental rights as a fundamental liberty interest, yet 13
declined to set a standard of review; 14
(c) As the United States Constitution is the supreme law of the 15
land, it behooves us to apply Madisonian guardrails around parental 16
and children's rights; 17
(d) The first amendment protects freedom of speech, and it 18
guarantees that citizens may speak without fear of government 19
retaliation; and 20
H-3454.1
HOUSE BILL 2735
State of Washington 69th Legislature 2026 Regular Session
By Representatives Chase, Walsh, and Abell
p. 1 HB 2735
(e) The fourteenth amendment guarantees due process, where no 1
person shall be deprived of liberty without due process of law.2
(2) The legislature intends for this chapter to be implemented 3
subject to a constitutional floor that consists of the following 4
principles: 5
(a) Presumption of parental fitness. Similar to the presumption 6
of innocence until proven guilty, a parent is presumed to be a fit 7
parent unless the state proves otherwise. A fit parent is a sovereign 8
actor, entrusted by nature and recognized by law to direct the 9
child's development to adulthood. The parent holds a natural right to 10
exercise authority over the child. The child holds a reciprocal 11
natural right to be raised by fit sovereign parents. The custodial 12
presumption is that parents will agree upon a 50/50 custody solution 13
unless they agree upon another arrangement. Concrete proven violence, 14
substance abuse, or neglect negates this presumption;15
(b) Strict scrutiny and least restrictive means. Any intrusion on 16
the parent-child bond must err on the side of the United States 17
Constitution and be the least restrictive to those rights;18
(c) Equal standing. Similarly situated parents must be treated 19
equally; 20
(d) Parental duty to cooperate. Parents must cooperate in 21
accordance with enforceable behaviors that prevent sabotage and keep 22
both homes functional; and 23
(e) Nondelegation and auditable orders. Advisors may advise but 24
only judges decide. Court orders must be clear and contestable. No 25
secret evidence or one-way pipelines may be permitted.26
(3) Together, these principles replace drift with equilibrium and 27
discretion with auditable discipline. The constitutional floor 28
overturns no precedent, respects federalism, and invites state 29
innovation above the floor. 30
NEW SECTION. Sec. 2. This act may be known and cited as Troxel 31
II.32
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p. 2 HB 2735