Will Washington Courts Split Custody and Separate Siblings?

Key Takeaways:

• On its own accord, the court will rarely separate siblings.
• Judges won’t order split custody simply because it suits the parents.
• If children are unable to coexist in a single setting, the court may order them to be separated.
• If there is an antagonistic relationship between siblings that may pose safety risks, split custody may be appropriate.
• Whatever the reasons, there is likely a significant risk to one child.
• In some instances, the children themselves may request split custody, but the court has no obligation to honor a minor’s custody request.
• Judges may appoint a guardian ad litem to review the case.
• This person will examine the claims and specifics and likely conduct interviews. Ultimately, they present their findings to the court, which can make an informed ruling.

When parents with multiple children divorce, do the courts ever split custody and separate siblings?

It’s traumatic and painful when a couple breaks up, but when they’re parents, it’s often downright devastating for the kids. In the case of siblings, things become even more complex.

Will the court split custody between parents?

When it comes to child custody, the overriding concern is what’s in the best interest of the kids. In most cases, the court believes that keeping siblings together is the ideal choice.

While it is possible, the court won’t separate siblings unless there are extenuating circumstances. In the wake of divorce, children are vulnerable enough, and most judges are hesitant to do anything that may increase that.

When The Court May Separate Siblings

On its own accord, the court will rarely separate siblings. That doesn’t mean no judge will order this type of arrangement.

However, in these situations, it falls to the parents to present a convincing argument that this truly represents the best interest of the children in question. Judges typically won’t order split custody simply because it suits the parents.

Safety Reasons

One instance in which the court may grant a separation is when there is an antagonistic relationship between the siblings. For example, if children cannot coexist in a single setting, the court may order them to be separated.

We’re not talking about run-of-the-mill sibling rivalry here. Not a brother pestering a sister, or occasional spats. These are, however, situations where one sibling is abusive towards another. Perhaps mental health issues play a part. Whatever the reasons, there is likely a significant risk to one child.

If this is the case, a judge may order the siblings to be separated if one parent is better suited to meet these needs. When it comes to cases like this, it’s best to consult a therapist or other mental health professional.

When Children Request Split Custody

In some instances, the children themselves may request split custody, but the court has no obligation to honor a minor’s custody request. Ultimately, the child’s best interests take precedence, regardless of preference.

However, if he or she is old enough and presents a compelling reason, the court may take a request to live with one parent or the other into account.

Though if it directly opposes the child’s best interest, the court won’t likely grant such a request.

A number of reasons exist why a child might prefer split custody. It usually boils down to the relationship he or she has with a specific parent. If a son is closer to his father than to his mother, it makes sense that he would want to live with his father.

Older teens exploring their independence may also want to live apart from younger siblings. This can provide a sense of freedom and of being “grown-up” or more “adult.”

As long as the home in question is safe and secure, and all parties remain willing, the court may sign off on a parenting plan that includes split custody.

But again, the living situation must clearly be in the child’s best interest. These claims must have some substance. It can’t just be, “Mom lets me stay out as long as I want and doesn’t care if I do my homework.”

Finances

Like so many issues in divorce and the rest of our lives, split custody often comes down to money.

Parents may ask the court to separate siblings because they feel that supporting all the children in a single home would be too financially burdensome.

In most cases, this fear is unfounded.

If one parent has custody of all the kids, that parent is entitled to an appropriate level of child support. These court-ordered payments cover everything from basics such as food, clothing, and shelter to medical care and education costs. For all of the children involved.

When determining maintenance payments, the court considers many factors. This calculation includes both parents’ income, the level of need, the time the noncustodial parent spends with the kids, and more. Regardless of which children live with which parents, the court wants to ensure their economic needs are met.

Related Reading: Guardian Ad Litem: What You Need to Know

Parenting Plans

After a divorce, a parenting plan outlines custody, child support, visitation, and other applicable elements. When the court orders separate siblings, this further complicates matters and provides another reason split custody rarely occurs.

Not only do these documents need to address the parents’ time with the children, but, in split-custody cases, they must also account for siblings’ time together.

Custody agreements and arrangements get tangled in the best of circumstances. With these plans, logistical challenges only increase, especially with multiple children.

When the court orders split custody, sibling visitation is often included in the parenting plan.

Related Reading: What Does a Parenting Plan Include?

Guardian Ad Litem

When parties request a split custody arrangement, the court may appoint a guardian ad litem to review the case.

In divorce, child custody cases, visitation, and other domestic suits, a guardian ad litem represents the children and their interests.

An outsider assigned by the court, they investigate the situation, present a report, and make recommendations based on the kids’ best interests.

Not beholden to any party, they provide impartial advice to protect minors caught in messy situations.

When parties request a split custody arrangement, the court may appoint a guardian ad litem. This person will review the claims, examine the specifics, and likely conduct interviews to determine the children’s best interests. Ultimately, they present their findings to the court, which can make an informed ruling.

Divorce and child custody cases are tough on everyone, but especially kids. In such turbulent times, courts are reluctant to separate siblings, even when parents or the children themselves request it.

Related Reading: Guardian Ad Litem: What You Need to Know