Washington State Child Custody
How Is Child Custody Decided?
What Is A Parenting Plan?
The court document that addresses custody matters is called a parenting plan. These orders define everything involving custody and visitation.
In Washington, the parenting plan usually lays out one parent as the “primary residential parent,” while the other gets “residential time.” The parenting plan also establishes:
- the decision-making rights and
- responsibilities for the child’s upbringing. This includes choices about:
- education,
- religion,
- medical care, and more.
When creating the parenting plan, many factors come into play. This includes
- the child’s relationship with each parent,
- parenting ability,
- the child’s connection to siblings,
- location,
- physical environment, and more.
In the end, the child’s ultimate well-being takes precedence over most other concerns.
Types Of Custody In Washington
Like most legal matters related to divorce, child custody gets complicated. If you find yourself in such a battle, you’ll hear many terms thrown around.
There’s a wide variety of possible custody arrangements. How the court decides this depends on many factors and the specific situation. It’s different in every case.
Still, when navigating the process, it’s beneficial to know and be familiar with the options. It’s also important to have a grasp of the terminology. This helps you understand the proceedings and the rights of both parents.
Physical custody grants one parent the right to have that child live with them. This means that parent has control over where the child lives, as well as their daily routine.
Physical custody can be awarded as either sole physical custody or joint physical custody. In the latter, the child splits time between both parents. The parenting plan lays out the specific details of the arrangement and schedule.
Sole custody occurs when the courts grant one parent exclusive physical or legal custody, or both.
True sole custody is pretty rare. Generally, the courts view keeping both parents an active part of a child’s life as the best option.
Sole custody usually only happens when the courts deem one parent unfit. Most often, this occurs in cases with a history of abuse or neglect, drug or alcohol dependency, or even if a new partner or spouse is unsuited to care for the child. The same also applies if the court deems a particular living situation unsafe.
As the name implies, joint custody, also known as shared custody, awards parental rights and responsibilities to both parents.
This means they share the duties of raising their child. They may not live together, but both participate substantially in the child’s life.
Joint custody is the most common type of arrangement.
But as is the case with so many legal matters, it’s more complicated than it initially appears. What this looks like in reality varies from case to case.
Child Custody Factors
Location(s)
A custody action can only be brought in a state where the court has jurisdiction. In general, the home state is the priority location for any proceedings.
The home state is where the child has lived since birth or for six consecutive months before you file the action.
This means that if your child has been recently removed to another state, you may still have jurisdiction in your own state.
If the court cannot get jurisdiction based on home state, then it will look for a state with which the child has a significant connection.
If the child has been abandoned or is facing an abusive situation, the court does have emergency authority to take up custody actions.
Actions by required parties
You must consider, in a child custody action, any required parties. There is a duty to inform the court of any person the child has lived with during the previous five years and of any other litigation concerning the child.
Any parent whose parental rights have not been terminated, any person in the physical custody of the child, or anyone contesting custody must be given notice of the custody proceedings.
Without following proper notice procedures, any custody decrees the court makes may not be enforceable in other states.
Litigation costs
If you are suing for custody outside your state, you will likely need to travel there several times. If you are suing in your home state, you may be required to bring in out-of-state parties.
The law encourages courts to award fees and expenses if the child was wrongfully removed or whenever the court deems it appropriate.
It also encourages courts to order the losing party to pay reasonable expenses such as travel, witnesses, communication, attorneys, and child care during the proceedings.
