Child Custody and Divorce in Washington State

Divorce and Child Custody

In Washington, residential schedule and decision-making authority for the children are preferred terms over custody and visitation. If the spouses seeking divorce do not agree on the child custody and visitation arrangements, either voluntarily or with the aid of a lawyer or mediator, then the court will decide for them in a court order called Parenting Plan. This states which parent the child will live with half or majority of the time, how much time will be spent with the other parent, which parent will make important decisions concerning the children and how disagreements regarding the children will be resolved in the future. In essence, it spells out how both parents will continue to be involved in the children’s lives and how they will share the responsibility of raising them

Do I need a Parenting Plan?

If you have children with your spouse who are less than 18 years old, then you need to complete a parenting plan. If you have been served divorce papers that contain a Parenting Plan that you do not agree with, you must draft your own to file with the court. A final and permanent parenting plan will be entered once the divorce is final.

What happens if I don’t follow the Parenting Plan?

A parenting plan signed by the court serves as a court order that both parents must follow. Otherwise, you could be found in contempt of court or worse, prosecuted for custodial interference, or taking away or hiding the child to interfere with child custody. Therefore, if you do not agree with anything in the Parenting Plan, you must talk to your spouse and ask permission in writing to change part/s of the Parenting Plan. Alternatively, you can talk to your lawyer to help you get the court to modify the Parenting Plan based on your change requests.

What are the reasons why Washington courts may limit my time with the children?

The court may limit your residential time with your children and may deny you joint decision making or alternative dispute resolution if the court finds any one of the following:

Refusal to care for the children and perform parenting duties and responsibilities
Physical, sexual or emotional abuse of the child
History of domestic violence or physical or sexual assault
History of sex crimes including child rape, child molestation, incest or other sexual misconduct involving children
Long term emotional or physical problems that will disturb parent’s ability to care for the child
Long term drug, alcohol abuse
Lack or absence of emotional bond between parent and child
Refusal to give other parent contact with the child for no good reason
Other reasons which may pose a threat to the child’s welfare and interests

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