Key Takeaways:
- Washington State doesn’t officially use the terms “custody” or “visitation”. The legal term for “joint custody” is “Joint Residential Schedule.”
- The residential schedule is laid out in the parenting plan.
- A Joint Residential Schedule(joint custody) is when the court awards both parents parental rights and responsibilities, and it works best when the parents live close to one another.
- The rules that detail these arrangements are the same for married and unmarried parents. (As long as paternity has been established.)
- The court wants both parents involved in a child’s life, and a joint custody arrangement is generally considered a best-case scenario.
- The greatest upside of a joint schedule is that it keeps both parents involved. However, if you aren’t on good terms, that can quickly become a downside.
Residential Schedules
Residential schedules are outlined in the parenting plan. Simply put, a parenting plan establishes where the child will live and how they will be cared for. There’s a wide variety of possible arrangements, as these schedules also divvy holidays, vacations, and breaks. Joint custody is the most common arrangement.
Though often used in conversation, Washington State doesn’t officially use the terms “custody” or “visitation”. The legal term is ‘Residential Schedule’, which is laid out in the parenting plan.
The parent with the most overnights is the “primary residential parent.”
Though the legal verbiage has changed, at least officially, the terms “custody” and “visitation” remain part of how people talk about where and how a child will be raised.
- Physical Custody = Primary Residential Parent – this is the parent with the most overnights.
- Legal Custody = Decision Making Authority – grants that one parent has the right and obligation to make decisions about the child’s life and upbringing. This includes daily life, medical care, education, and even religion.
- Sole Custody = Sole Residential Schedule – this occurs when the courts grant one parent exclusive physical or legal custody, or both. Sole custody is rare, as the courts view keeping both parents actively involved in a child’s life as serving the child’s best interests.
- Joint Custody = Joint Residential Schedule – see below. ↓
Having a joint residential schedule is the most common arrangement.
What is a Joint Residential Schedule? (Joint Custody)
Also called “shared custody” or “shared residential schedule”, this is when the court awards both parents parental rights and responsibilities. They may not live together, but both participate and share duties in the child’s life in a substantial way.
What this looks like in practice varies by case, but it is outlined in the parenting plan.
Examples:
One parent has a residential schedule (primary custody), but both parents retain decision-making power.
One parent has sole decision-making power, the other parent shares a residential schedule (joint custody).
Both parents share decision-making power and a residential schedule.
Courts often combine various elements to fit the needs and specifics of a case.
Related Reading: What Does a Parenting Plan Include?
Proximity Between Households
It may seem obvious, but joint custody works best when the parents live close to one another.
This makes regular, practical hurdles much more manageable. Getting the kids from one house to another, from school to home to baseball practice and the rest, is much easier. This also gives kids the opportunity to spend significant time with both parents.
Complications arise the greater the distance. It’s one thing to go from Queen Anne to Eastlake, but another to go from Seattle to Tacoma or Olympia.
In cases with further proximity, kids may spend the week with one parent while splitting weekends and holidays between two homes.
This “weekend parent” model is a common arrangement.
Related Reading: The Importance of Jurisdiction
Upside Of Joint Residential Schedules
The greatest benefit of joint custody is that it keeps both parents involved in a child’s life in a major way. The court generally views that as the best-case scenario.
This helps maintain parent-child bonds and allows these relationships to continue developing.
It also places the responsibility for raising the child on both parents, so neither parent has to do the hard work while the other is “the fun parent”.
Downside Of Joint Residential Schedules
Even if your split was amicable, you may not want to see your ex regularly. But if you share parenting responsibilities and residential time, you have to.
- Frequent contact and communication, while necessary, may lead to friction and conflict or bring up old hurt feelings.
- Practical concerns can cause problems. Shuttling the kids back and forth takes time.
- Creating a schedule and sticking to it can be stressful for parents and children.
- Depending on the circumstances, one parent may feel they have invested more time, effort, money, or emotion, which can lead to conflict.
Though joint custody may be difficult, consider the alternative. This way, you stay a big part of your child’s life. That’s better for them, and it’s better for you.
It may be tough to work through some issues, but remember to focus on your kids’ best interests. This is more about them than you, and it’s important not to lose sight of that fact.
Related Reading: Guardian Ad Litem: What You Need to Know
Related Reading: What is the ‘Right of First Refusal’ Clause in the Parenting Plan?
