How Washington Courts Decide Child Custody
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Few issues in family law are as emotional and consequential as child custody. Parents facing divorce or separation often worry about how much time they will spend with their children, who will make important decisions, and how the court will view their circumstances. In Washington, custody decisions are governed by the principle of the “best interests of the child.”

This article explains how Washington courts determine custody, the factors judges consider, the role of parenting plans, and what parents can do to prepare for custody proceedings.

Custody in Washington: Parenting Plans

Unlike some states that use the terms “custody” and “visitation,” Washington law uses the concept of a “parenting plan.” A parenting plan is a court order that sets out:

  • Where the child will reside (residential schedule).
  • How much time the child will spend with each parent.
  • Which parent will make decisions regarding education, health care, and other major issues.
  • How parents will resolve future disputes.

The parenting plan is binding and enforceable. If either parent fails to comply, the other parent can seek enforcement through contempt proceedings.

The “Best Interests of the Child” Standard

All custody decisions in Washington are based on the best interests of the child. This standard prioritizes the child’s health, safety, and emotional well-being over the preferences of either parent. Judges have broad discretion, but they are guided by statutory factors listed in RCW 26.09.187.

Factors Courts Consider

When determining custody, Washington courts examine multiple factors, including:

  1. The strength, nature, and stability of the child’s relationship with each parent.
  2. The agreements of the parents, if voluntary and made in good faith.
  3. Each parent’s past and potential future performance of parenting functions.
  4. The emotional needs and developmental stage of the child.
  5. The child’s involvement in school, community, and activities.
  6. The wishes of a child who is mature enough to express a preference.
  7. Each parent’s work schedule and availability.

The court’s primary consideration is the child’s relationship with each parent and the stability of those relationships. While no single factor is controlling, the law emphasizes maintaining continuity and minimizing disruption in the child’s life.

Restrictions on Custody

In some cases, Washington courts impose restrictions on a parent’s time or decision-making authority. Restrictions may apply if a parent has a history of:

  • Domestic violence or child abuse.
  • Substance abuse that impairs parenting ability.
  • Neglect or abandonment.
  • Interference with the other parent’s relationship with the child.

Restrictions can range from supervised visitation to loss of decision-making rights, depending on the severity of the circumstances.

Decision-Making Authority

Parenting plans also allocate decision-making authority. Courts may grant joint decision-making, where both parents must agree on major issues, or sole decision-making to one parent. Courts consider whether parents can cooperate and communicate effectively, as joint decision-making is not appropriate in high-conflict situations.

Modifying Custody Orders

Parenting plans are not necessarily permanent. Washington law allows modifications if there is a substantial change in circumstances and the modification serves the child’s best interests. Examples include relocation, a parent’s change in work schedule, or concerns about a child’s safety. Minor modifications, such as adjusting pickup times, require less stringent standards.

Preparing for Custody Proceedings

Parents can take proactive steps to strengthen their case in custody proceedings:

  • Demonstrate involvement: Show consistent participation in the child’s schooling, healthcare, and extracurricular activities.
  • Maintain stability: Courts favor arrangements that minimize disruption to the child’s routine.
  • Keep records: Document communication with the other parent, school reports, and medical records.
  • Avoid conflict: Courts look unfavorably on parents who engage in hostility or undermine the child’s relationship with the other parent.
  • Seek legal guidance: An experienced family law attorney can help prepare evidence, present arguments, and advocate for a parenting plan that protects both the parent’s rights and the child’s welfare.

Relocation Cases

Relocation is one of the most contested custody issues in Washington. A parent wishing to move with a child must provide advance notice to the other parent. The court then considers numerous statutory factors, including the child’s relationship with both parents, the impact of the move on the child’s development, and the reasons for relocation. These cases are often complex and require strong legal advocacy.

Child custody decisions in Washington are guided by one central principle: the best interests of the child. Parenting plans define where children live, how decisions are made, and how parents share responsibilities. While courts strive to preserve relationships with both parents, restrictions are imposed when necessary to protect a child’s health and safety.

If you are involved in a custody dispute, preparing thoroughly and seeking experienced legal representation can make a significant difference. The Law Office of Erin Bradley McAleer provides skilled advocacy in child custody cases, helping parents navigate this difficult process while prioritizing the well-being of their children.