Washington State Child Custody

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How Is Child Custody Decided?

Increasingly, whether parents are married or not, the courts recognize the importance of keeping both parents in a child’s life. It’s rare to award one parent total control. That usually only occurs in cases of abuse or neglect, where health and safety are in jeopardy.

What Is A Parenting Plan?

The court document that addresses custody matters is called a parenting plan. These orders define everything involving custody and visitation.

In Washington, the parenting plan usually lays out one parent as the “primary residential parent,” while the other gets “residential time.” The parenting plan also establishes:

the decision-making rights and
responsibilities for the child’s upbringing. This includes choices about:
education,
religion,
medical care, and more.

When creating the parenting plan, many factors come into play. This includes

the child’s relationship with each parent,
parenting ability,
the child’s connection to siblings,
location,
physical environment, and more.

In the end, the child’s ultimate well-being takes precedence over most other concerns.

Related Reading: Read More: In-Depth Look At Parenting Plans

Types Of Custody In Washington

Like most legal matters related to divorce, child custody gets complicated. If you find yourself in such a battle, you’ll hear many terms thrown around.

There’s a wide variety of possible custody arrangements. How the court decides this depends on many factors and the specific situation. It’s different in every case.

Still, when navigating the process, it’s beneficial to know and be familiar with the options. It’s also important to have a grasp of the terminology. This helps you understand the proceedings and the rights of both parents.

Physical custody grants one parent the right to have that child live with them. This means that parent has control over where the child lives, as well as their daily routine.

Physical custody can be awarded as either sole physical custody or joint physical custody. In the latter, the child splits time between both parents. The parenting plan lays out the specific details of the arrangement and schedule.

Sole custody occurs when the courts grant one parent exclusive physical or legal custody, or both.

True sole custody is pretty rare. Generally, the courts view keeping both parents an active part of a child’s life as the best option.

Sole custody usually only happens when the courts deem one parent unfit. Most often, this occurs in cases with a history of abuse or neglect, drug or alcohol dependency, or even if a new partner or spouse is unsuited to care for the child. The same also applies if the court deems a particular living situation unsafe.

As the name implies, in joint custody, also known as shared custody, the courts award parental rights and responsibilities to both parents.

This means they share the duties of raising their child. They may not live together, but both participate substantially in the child’s life.

Joint custody is the most common type of arrangement.

But as is the case with so many legal matters, it’s more complicated than it initially appears. What this looks like in reality varies from case to case.

Here’s one example:

A mother may have sole physical custody but share joint legal custody with the father. In this case, though the child lives full-time with one parent, both have decision-making power when it comes to how the child is raised.

Joint custody typically involves the parents sharing both physical and legal responsibility for the child. That, however, isn’t always the case. As in the example above, parents may share joint legal custody but not physical custody.

Courts often combine various elements to tailor the approach to the specific needs and circumstances of a case.

Joint Custody and Proximity

It may seem obvious, but joint custody works best when the parents live near each other.

This makes regular, practical hurdles much more manageable. Getting the kids from one house to another, from school to home to baseball practice and the rest, is much easier when it’s all in the same general area.

Upsides and Downsides Of Joint Custody

The greatest benefit of joint custody is that it keeps both parents significantly involved in a child’s life. It also puts the responsibility for raising the child on both parents. One parent doesn’t wind up stuck making all the difficult choices and doing all the hard work.

Co-parenting presents several potential issues:

Even if your split was amicable, you may not want to see your ex on a regular basis. But if you share parenting responsibilities and residential time, that’s an unfortunate reality. Frequent contact and communication, although necessary, may lead to friction and conflict or revive old hurt feelings.

Practical concerns can also cause problems. Even if it’s only across town, shuttling the kids back and forth takes time. Creating a schedule and sticking to it can be stressful for the parents and the kids. Depending on the circumstances, one parent may feel that they put in more time, effort, money, or emotion, which often also leads to strife.

Though joint custody may be difficult, consider the alternative. This way, you stay a big part of your child’s life. That’s better for them and it’s better for you.

It may be tough to work past some issues, but remember to focus on what is in the best interests of your kids. This is more about them than you, and it’s important not to lose sight of that fact.

What Are A Father's Rights?

Barring extreme circumstances, fathers have the right to:

Be a part of their children’s lives in a meaningful way and on a regular basis.
It’s your right as a father to pursue child custody.
If you do become the primary residential parent, it’s your right to petition the court for child support. These regular payments help cover the costs of food, shelter, clothing, and other necessities for your child.
You have the right to see your children and be a steady presence in their lives, even if you’re not the primary residential parent.
You have the right to regular, reasonable visitation under the law.
It’s your right to have time free from interference by the other parent.

There is a common perception that a mother has the upper hand in child custody cases. However, the laws don’t favor one parent over the other.

It is paramount to present a father’s best case and lead the court to apply the law without regard to gender. Goldberg Jones remains dedicated to overcoming the common perception.

Related Reading: Passports, Custody, and International Travel

Related Reading: Ex Refuses Court-Ordered Visitation

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