Washington State Child Custody at a Glance

Written by: Erasmo John Compatore

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If I could give any divorcing couple practical advice about Washington State child custody/visitation, it would be to resolve custody at the very first opportunity. When you and your spouse decide to divorce, try to get into counseling from someone who will help you resolve this issue promptly, and put together a Final Parenting Plan that neither party can walk away from simply because the property division is not going well. Do this for your children, as well as to save time and money.

A look at custody and visitation

Probably the most significant portion of any divorce involves the custody of and visitation with your children. In some cases, a spouse may need protection from violence and will seek immediate orders restraining visitation, phone calls, and all other contact with the children. This is typical in a case where there has been domestic violence, especially when the violence has involved the children. Yet, protection orders are often sought when there is no violence, simply because one party wants to "smear" the other in court to gain an advantage in a later custody proceeding. Often, these are baseless claims that can be resolved, and sometimes sanctions may be imposed against the party bringing a false claim. Even where the outcome is just and right, the parties will have spent large sums of money, and much of their own time, fighting through the allegations.

Creating a Final Parenting Plan

Once the child's residence has been determined, the court will initiate a Final Parenting Plan. The plan does not define the "child's best interests," but is viewed as the implementation of the plan to achieve those interests. Any future efforts to change custody will start with the Final Parenting Plan.

The parenting plan is intended to:

provide for the child's physical care
maintain the child's emotional stability
provide for the child's changing needs as he or she grows and matures, in a way that minimizes the need for future modifications of the plan
impose authority and responsibility for each parent
minimize the child's exposure to parental conflict
encourage the parents to resolve disputes outside of court (and to reduce their costs and time consumption)
otherwise protect the best interests of the child

Using a mandatory form, the parenting plan contains provisions for: (1) resolution of conflict; (2) a "residential schedule" for the child (a custody and visitation order); and (3) division of decision-making authority for the child's needs.

Determining decision-making authority

To determine decision-making authority, the court will consider:

whether both parents agree to mutual decision-making
the existence of any physical or sexual child or spouse abuse, neglect, or abandonment
any history of participation by each parent in the decision-making process
whether the parents have demonstrated an ability and desire to cooperate in the decision-making process
whether the parents live in close proximity to make mutual decision-making a meaningful process.

Determining custody and visitation

Residential provisions (custody and visitation) are considered by investigating:

the strength, nature, and stability of the child's relationship with each parent, with possible serious consideration given to a parent's performance of daily parenting functions (This factor is given the most weight in arriving at a decision.)
any spouse or child abuse, neglect, or substance abuse
the history of participation of each parent in child-rearing
the wishes of the parents
the wishes of the child, if the child is of an age and maturity to express an opinion
the child's relationship with siblings and other significant family members in either parent's home
any agreement between the parties

Equal-time alternating residential provisions are rare and will only be ordered if:

there is no child or spouse abuse, neglect, abandonment, or substance abuse
the parents have agreed to such provisions
the parents have a history of shared parenting
the parents are available to each other, especially in terms of geographic location
equal time provisions are in the best interests of the child.

The court has the authority to order an investigation concerning parenting arrangements for the child.

Considering what's best for your child

Finally, the best advice for parents is to retrain their thinking, shifting from "my rights" to "What's best for my child?" The term "my rights" should never be uttered in an action to set a Final Parenting Plan. Not only does it show the party's focus on his or her own interests, but it also displays a complete disregard for the future of the child. I would conclude with advising disputing parents to truly consider the needs and desires of the child-regardless of age.