Law Articles

Return to Law Dictionary Index

Washington Child Custody Laws

Washington child custody will be awarded based upon the best interests of the child. In determining what parent, or parents, should have decision-making authority, a Washington Court will consider:

• if both parents agree to mutual decision-making;

• the existence of any physical or sexual child or spouse abuse, neglect or abandonment;

• the history of participation of each parent in the decision-making process;

• whether the parents have demonstrated an ability and desire to cooperate in the decision-making process;

• the parents geographical proximity to each other, to the extent that it would affect their ability to make timely mutual decisions.

In determining the residency component of child custody, a Washington Court will consider:

• the strength, nature, and stability of the child's relationship with each parent, including the parent's performance of daily parental functions;

• any spouse or child abuse or 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 of sufficient age and maturity to express an opinion;

• the child's relationship with siblings and other significant family members;

• any agreement between the parties; and

• each parent's employment schedule. The first factor is to be given the most weight.

A Washington Court will only order an equal-time alternating residential provision if:

• there is no child or spouse abuse, neglect, or abandonment, or substance abuse;

• the parents have agreed to such provisions;

• there is a history of shared parenting and cooperation;

• the parents are available to each other, especially in terms of geographic location; and

• the provisions are in the best interests of the child.

In filing a petition for dissolution of marriage, the party must include a proposed parenting plan if the parties have a minor child. The parenting plan should contain provisions for

• dispute resolution;

• a residential schedule for the child;

• allocation of decision-making authority relating to the child.

Return to Family Law

Return to Law Dictionary Index