As a parent, your children are a primary concern. Whether you and the other parent are moving through the divorce process or you were never married in the first place, determining the role that both parents will have in their child’s life can be emotionally fraught and logistically challenging to navigate. Even if you and your soon-to-be ex-spouse are committed to ending the marriage amicably, disputes may arise as you work on the parenting plan and discuss child custody arrangements. It’s important to understand that Washington state recognizes a wide range of possible child custody arrangements, as the specific circumstances and considerations of every family are unique. Moreover, there are different types of custody that parents must address as they create a parenting plan in King County or Pierce County. For instance, legal custody refers to a parent’s authority to make decisions regarding their child’s education, health care, and other important matters, while physical custody refers to a parent’s ability to have the child reside in their home for a set period of time. Ultimately, child custody determinations in Washington prioritize the child’s best interests above all else. In most cases, the court will strive to implement a parenting plan that allows the child ample opportunities to cultivate meaningful relationships with both parents, even if they have separated and no longer live in the same area. 

If you are struggling with a child custody matter in the greater Seattle area, it’s natural for questions and concerns to surface during this somewhat daunting process. When you enlist the guidance of a trusted and experienced family law attorney, you can rest assured that the best interests of you and your child will be safeguarded at every step of the process. As you lay the groundwork for a bright and stable future, it’s worth taking some time to explore some of the basics of custodial parent rights in Washington state and how child custody determinations typically unfold. This post will highlight the different types of custody arrangements and address some common questions about a 50/50 custody agreement option for families throughout the Seattle area.

Defining Different Types of Child Custody in Washington State

As you begin to explore the parenting plan process, you may encounter various terms like legal custody, physical custody, sole custody, 50/50 custody, and joint custody. So, what do all of these terms actually mean in practice? It’s worth taking some time to define these terms before you start working on drafting the parenting plan, as you will be able to make more informed decisions along the way. Although these terms are not officially part of Washington child custody laws—nor do they appear in the parenting plan documents—it’s still helpful to know how people use them and what they generally mean when they do so. Essentially, joint custody refers to a child custody arrangement in which both parents have the authority to spend time with the child and make decisions on their behalf. The majority of child custody arrangements have some type of joint custody, unless there is a clear reason why this option may endanger the child’s safety in some way. In the event that one parent has been deemed unfit or otherwise poses a threat to the child’s well-being and safety, sole custody will likely be granted to the other parent—at least until the struggling parent receives the counseling or treatment they need to be able to interact safely with their child once again. Since Washington courts believe that children thrive best when they are able to enjoy steady relationships with both parents, most parenting plans and custody arrangements will include some form of joint custody.

Understanding Legal Custody and Physical Custody

A parent’s custodial rights come in two primary forms: legal custody and physical custody. When a parent has legal custody, this means that they have the authority to make important decisions about their child’s education, healthcare, extracurricular activities, and other matters. In contrast, physical custody refers to a parent’s right to have the child live with them in their home. So, can both parents be custodial parents? It’s possible for both parents to have both physical custody and legal custody, with one parent serving as the primary custodial parent (with home where the child resides for a longer amount of time). When decisions need to be made about the child’s education, both parents have a say in this matter (as long as the court recognizes their joint legal custodial rights). A child’s residential schedule can vary considerably from family to family, as the details and logistics will depend on the age and developmental needs of the child. For instance, younger children typically find too many disruptions challenging and even chaotic, so the court may favor a parenting plan that keeps them in the home of the primary custodial parent for the majority of the time (with occasional overnight visits with the other parent to keep their relationship strong). As the child grows older, the court may find it more acceptable to grant more frequent overnights with the other parent, as the child is more adaptable to changing living environments. Ultimately, the details of your parenting plan and custodial schedule will be adapted to suit your family’s needs and circumstances. You can discuss your concerns about the rights of the custodial parent vs. non custodial parent with a caring and knowledgeable Seattle child custody attorney to learn more. 

Is a 50/50 Custody Agreement Best For Seattle Families?

When we think about a fair parenting plan, it’s easy to assume that an even 50/50 split may be the most reasonable. However, an exact 50/50 child custody arrangement is actually fairly rare, as the logistical realities of many families make it difficult for this ratio to serve the best interests of the child. With a 50/50 parenting plan, the child would have to be shuttled from house to house quite often in order to keep things even. Unfortunately, this constant back-and-forth would likely feel disruptive for the child, which goes against the Washington court’s primary goal—to preserve as much stability for the child as possible. Instead of seeking a 50/50 custody arrangement, the court will likely weigh several factors to determine a parenting plan that minimizes disruptions, encourages stability and predictability, and fosters meaningful relationships with both parents. In practice, this may mean that the child spends most of their time with one parent (the primary parent) and enjoys regular visits with the other parent. For instance, the child may spend their school days and nights with the primary parent and visit the other parent every other weekend. This arrangement minimizes the disruption of packing up and moving from house to house, while still encouraging the child to spend time with their other parent. The logistics of 50/50 custody requirements, as well as determining who is the custodial parent in 50/50 custody, can be complex to navigate, so it’s worth enlisting the trusted counsel of an experienced and empathetic Seattle family law attorney to help you identify the most appropriate option for you and your child. 

How is the Custodial Parent Determined in Washington State?

As the court reviews a proposed parenting plan, the judge will consider several factors in order to arrive at a custody decision that supports and protects the child’s best interests. For the most part, the court will seek an agreement that encourages meaningful opportunities for both parents to participate in their child’s life, even if this does not take the form of a 50/50 split. Since the court wants to preserve the status quo for the child, it may award primary custody to the parent who will continue to live in the family home, as this option allows the child to stay in their familiar environment. As long as both parents are able to provide a safe and appropriate home environment for the child, the court will allow them to enjoy time with their child in both residences according to a schedule that minimizes disruptions for the child and is logistically feasible. 

In some cases, a parent may struggle with addiction or anger management issues, which prevents them from being able to care for their child safely. When this happens, the court may temporarily suspend custodial rights or visitation rights until the parent has received the treatment and care they need in order to show the court that they do not pose a threat to the child’s well-being. Other extenuating circumstances, such as a parent who has a history of abusing or neglecting the children, will likely involve a sole custody arrangement in order to ensure the child’s physical and emotional safety. These cases can be especially challenging to navigate, so enlisting the support of an experienced Seattle family law and child custody lawyer is highly recommended. 

Learn More About Parenting Plans Today

For more than 30 years, the Hemmat Law Group has worked alongside individuals and families throughout Washington state. Our team of dedicated and caring legal professionals is committed to delivering top-tier and customized solutions to ensure that you achieve a fair and favorable outcome. Reach out to our Seattle office today at (206) 682-5200 to discuss your concerns with a knowledgeable and highly experienced family law attorney.