Will Washington Courts Split Custody and Separate Siblings?

Key Takeaways:

• The court prefers to keep siblings together and will rarely separate them in a divorce.
• The court may separate siblings when there are extenuating circumstances or safety concerns.
• The best interests of the child take precedence over other concerns.
• A child’s preference may be considered, but preference alone isn’t enough.
• A guardian ad litem may be appointed to weigh in on these cases.
• Courts prioritize safety, stability, and emotional well-being over parental preference or convenience.

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. Divorce throws a child’s entire world into upheaval in one fell swoop.

Things become even more complex when siblings are involved.

Will the court split siblings in a divorce?

When it comes to child custody, the overriding concern is what’s in the best interest of the kids.  Children often lean on one another for much-needed support during these chaotic times. 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 will the Court 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.

How do Safety Concerns Impact this Decision?

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. We mean situations where one sibling is abusive towards another or represents a legitimate threat. 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.

Can 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 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. May is the key word here. If it directly opposes the child’s best interest, the court won’t likely grant such a request.

A child might prefer split custody for many reasons. 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.”

Do Finances Play a Part?

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 the income of both parents, the level of need, the time the noncustodial parent spends with the kids, and more. Regardless of who the children live with, the court wants to ensure their economic needs are met.

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

How Does Split Custody Affect 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 parenting time, but, in split-custody cases, they must also account for siblings spending 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?

What is a 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 then makes 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