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.
Additional resources:
Child Custody Network
The Custody
Center
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