WA HB2735

Establishes a presumption of parental fitness in family law cases, requiring the state to prove a parent is unfit; creates a default 50/50 custody presumption unless parents agree otherwise or there is proven violence, substance abuse, or neglect

Requires courts to apply strict scrutiny and use the least restrictive means when intruding on the parent-child bond, erring on the side of constitutional protections

Mandates equal treatment of similarly situated parents and requires parents to cooperate through enforceable behaviors to prevent sabotage and keep both homes functional

Prohibits delegation of judicial decision-making to advisors, requires court orders to be clear and contestable, and bans secret evidence or one-way information pipelines

Adds a new section to chapter 26.09 RCW (family law) and may be cited as "Troxel II," referencing the U.S. Supreme Court case recognizing parental rights as a fundamental liberty interest