What to Expect During a Custody Trial in King or Pierce County, Washington

While any legal dispute can be stressful and contentious, cases involving parents, families, and children tend to be highly emotional and sensitive. As a parent, an upcoming child custody battle may make you feel like you are fighting for the right to care for your child, which can be extremely intimidating. It’s worth noting that family courts in Washington state encourage disputing parties to explore alternatives to litigation before this becomes a last resort of sorts. For instance, parents who cannot see eye to eye about the terms of the parenting plan or custodial matters may participate in mediation, where a neutral third party facilitates open and honest communication between the parties and empowers them to collaborate and develop a mutually agreeable solution. Or, the matter may be taken to arbitration, which is a bit more structured than mediation but less formal (and less costly) than traditional litigation. However, Washington courts recognize that some cases can only be resolved by taking the matter to court, where the judge will issue a permanent order and end the case. 

If you are involved in a heated child custody dispute in King County or Pierce County, it’s helpful to familiarize yourself with the custody litigation process in Washington state. A custody trial in Washington can take several months or over a year to conclude, so knowing what to expect at each step of the legal process can help you set expectations and develop a robust strategy to maximize your chances of securing a successful outcome. While it’s possible for parties to represent themselves in a Pierce or King County family court trial, enlisting the legal guidance and expertise of a dedicated and knowledgeable Seattle family law attorney is the best way for someone to navigate the legal process with greater clarity and confidence. Today, we will explore how custody trials in Washington state typically unfold, how to prepare for custody court, and the benefits of partnering with a top Seattle child custody lawyer who can support you through this process from start to finish. 

When Do Custody Cases Go to Trial in Washington State?

Litigation is a more time-consuming and expensive process than the alternative dispute resolution (ADR) options, such as mediation and arbitration. These options generally work well for many family-related disputes, but there are times when the parties need more structured support to resolve their issues. Courts in both Pierce County and King County require disputing parties to participate in ADR before the case can move to trial (unless the dispute involves domestic violence or other safety concerns). If mediation or arbitration cannot resolve the matter, the case may proceed to litigation. At any point leading up to or during the trial, the parties may negotiate a settlement and submit it to the judge for their approval. 

Preparing For Custody Court in Washington State

If it seems as if your child custody dispute is heading to trial, it’s worth familiarizing yourself with the process and the steps you can expect to take as you move toward a resolution. Below is a general overview of each phase of a typical custody trial to get you started. 

Pre-Trial Preparation and Discovery

Once the trial date is set, you and your Seattle family law attorney can start preparing to present your case before the judge. In a Washington custody case, the parties must exchange basic information and adhere to the rules of discovery. During the discovery phase, the parties can make requests for production (i.e., formal demands that require the other party to make copies of and hand over documents like text messages, medical records, etc.) or participate in depositions to make statements under oath. The purpose of discovery is for the parties to exchange any evidence, financial details, and witness lists to provide transparency and allow each party to create a strategy for how to handle any evidence or witness testimony that contradicts their position. 

Opening Statements

On the day of the trial, the judge will provide each party the opportunity to make an opening statement. An opening statement gives the court a brief overview of the party’s argument and desired outcome, as well as how they plan to use evidence to support their assertions. You can work with your skilled Seattle child custody attorney to craft a clear and impactful opening statement that lays a solid foundation for the rest of the trial. 

The Petitioner Makes Their Case

The party who filed the case (referred to as the petitioner) will present their evidence first. During this phase, the petitioner may call witnesses to the stand to answer questions and point to exhibits that support their case (such as copies of text messages, emails, financial statements, medical reports, or other relevant documents).  

Cross-Examination of Witnesses

Once the petitioner has finished questioning their witnesses, the opposing party has the chance to interact with each witness by asking questions. During cross-examination, the opposing party often asks questions that attempt to undermine the credibility of the witnesses or coax them into making contradictory statements. Your skilled and experienced family law attorney will help you strategize for this important phase of the trial. 

The Respondent Makes Their Case

The party responding to the petitioner (called the respondent) will then have an opportunity to present their evidence to the court. They can also call witnesses to the stand to provide testimony in support of their position. Following this step, the petitioner’s side will be able to cross-examine these witnesses. 

Closing Arguments

Once both sides have presented their cases and cross-examined the other party’s witnesses, the petitioner and the respondent will make closing arguments that summarize their points and remind the judge of the outcome they are seeking. Closing arguments can also point out flaws in the opposing party’s arguments as a strategy to gain a more favorable outcome. 

The Judge Issues a Ruling

The judge will review the evidence and the arguments, seeking a ruling that prioritizes the best interests of the child over everything else. Family law judges use several factors when deciding how to rule, such as the roles and responsibilities of each parent, the strength of the child’s relationship with each parent, the ability of each parent to provide a safe and secure environment for the child, and any other relevant information. Once the judge issues a ruling, this becomes a permanent order. The only ways to push back against a permanent order is to file an appeal to a higher court (but only if a legal error was made during the trial) or to file a modification request if circumstances change significantly. 

The Rule of Guardian Ad Litem in Washington Custody Cases

In highly contentious child custody cases, a Guardian ad Litem (GAL) may be assigned to represent the best interests of the child. A GAL is a court-appointed, qualified adult who “performs an investigation and prepares a report for the court of the GAL’s findings and recommendations.” Essentially, the GAL serves as a neutral party that interviews each parent, observes the child interacting with each parent, and interviews other adults in the child’s life, such as teachers, doctors, and coaches, about the family’s dynamics. The GAL uses this information to compile a report for the judge to review and use when making its decisions and issuing a final ruling. To learn more about how to prepare for an upcoming interview with the GAL assigned to your case, reach out to Seattle’s trusted and caring legal advocates by contacting the Hemmat Law Group today. 

Trial Timelines and Possible Outcomes

Since trials are subject to courtroom and judge availability, the trial date may be set several months from the time that mediation or arbitration fails to achieve a resolution. Once they begin, custody trials may take only a few hours to resolve, while more complex cases may require multiple sessions and span across weeks and even months. The judge will issue a ruling following the closing arguments or after contemplating the case for several days (or, in rarer cases, several weeks). You can rely on your dedicated and caring Seattle family law attorney to answer your questions and support you as you wait for the final outcome. 

FAQs About Seattle Custody Hearings 

How long does a custody trial take?

It can take weeks or months to schedule a trial date, but most custody trials last from a few hours to several days once they get going.

Will my child have to testify? 

No, children are rarely required to testify in court during a custody trial. Washington judges want to avoid putting children in this stressful position. 

Can we settle before trial? 

Yes, the parties can negotiate a settlement at any point before the trial, which can save considerable time and costs. 

Call a Caring and Trusted Seattle Family Law Firm Today

Disputes involving families and children are among the most sensitive and stressful legal cases. At the Hemmat Law Group, we have provided exceptional legal guidance to families throughout northwest Washington and treated them with the care, respect, and attention they deserve during these challenging and upsetting times in their lives. Whether you need help exploring your divorce options or preparing for an upcoming child custody hearing, our highly qualified and empathetic legal experts are ready to support you at every opportunity. Please reach out to our Seattle office today by calling (206) 682-5200 to get started.