• View all
    July 7, 2023
  • View all
    Child Custody, Divorce, High Conflict
  • View all
    Steven A. Hemmat

The Best Interest of the Child: A Guiding Principle in Washington State Family Law

In this article, we aim to demystify the concept of 'the best interest of the child,' a crucial standard used in Washington State family law proceedings, explaining its elements, implications, and how it shapes outcomes in child custody and visitation disputes.

In the labyrinthine world of family law, a single principle shines like a beacon, guiding the decisions of judges and attorneys alike – the standard of the “best interest of the child.” This principle, deeply entrenched in Washington State family law, acts as the yardstick for determining child custody and visitation arrangements.

The doctrine’s aim is straightforward: to ensure the child’s well-being and happiness remain paramount in all decisions that impact them directly or indirectly. However, what exactly constitutes the ‘best interest’ isn’t quite as clear-cut, as the definition varies depending on the unique circumstances of each case. This article aims to illuminate this often murky concept and provide a clearer understanding of its role in family law proceedings.

First, let’s delve into the definition. The “best interest of the child” standard revolves around what is most conducive to the child’s physical, emotional, and psychological wellbeing. In Washington State, when a judge makes a decision about a child’s custody or visitation, they are mandated by law to consider what arrangement will best serve the child’s overall welfare.

However, assessing what is best for a child is not an arbitrary process; it’s based on a series of factors that provide a comprehensive view of the child’s life. Washington State law (As examples, RCW 26.09.187 & RCW 26.09.191) specifically enumerates several considerations that must be evaluated.

Firstly, the court considers the emotional ties between the child and their parents. The quality of the relationship, the level of attachment, and the emotional bond that the child shares with each parent are evaluated.

Secondly, the court takes into account the parents’ ability to provide for the child’s basic needs, including food, shelter, clothing, education, and medical care. Here, the court isn’t just interested in the parent’s financial capacity, but also their willingness and ability to meet the child’s physical needs.

Thirdly, the child’s involvement in his or her home, school, and community is examined. The court seeks to maintain stability in the child’s life, favoring an arrangement that causes minimal disruption to the child’s routine and social life.

Furthermore, the court considers the wishes of the parents and, in certain circumstances, the child. Depending on the child’s age and maturity, their preference may be taken into account, although it’s not the decisive factor.

Also, the mental and physical health of all parties involved is assessed. If a parent struggles with mental health issues or substance abuse, for instance, it may impact their ability to provide a stable environment for the child.

Lastly, any history of domestic violence or child abuse is a significant factor. The court prioritizes the child’s safety above all else, and such history could limit or even eliminate a parent’s right to custody or visitation.

It’s important to note that these factors are not exhaustive, and the court may consider other relevant factors as well.

The application of this standard can profoundly impact the outcome of custody and visitation proceedings. While joint custody is generally favored in Washington State, the “best interest of the child” standard ensures that the court can deviate from this preference if it is deemed necessary for the child’s wellbeing.

This standard doesn’t favor one gender over the other, nor does it favor the wealthier parent. Instead, it creates a level playing field, ensuring that the focus remains steadfastly on the child’s wellbeing.

As a parent involved in a custody or visitation dispute, understanding this standard is crucial. It provides a roadmap for the types of behaviors and conditions that the court values and can guide you in demonstrating your commitment to your child’s wellbeing.

In conclusion, the “best interest of the child” standard is the heart of Washington State family law, acting as the compass that guides decisions affecting children in the midst of family legal disputes. By focusing on the child’s well-being and happiness, this standard ensures that children’s rights are protected and their futures safeguarded.

Remember, though, while this article provides a general understanding, it cannot replace the advice of a qualified attorney. If you find yourself in the middle of a family law dispute, consider consulting a lawyer who can guide you through the process based on your unique circumstances.

In a world where legal outcomes can often seem arbitrary, the “best interest of the child” standard offers some reassurance. It reminds us that at the core of family law lies the well-being and happiness of the most vulnerable among us – our children.

We Help Good People in Bad Situations

The Hemmat Law Group (HLG) was founded in 1994 by Steven Amir Hemmat, a former DOJ Trial Attorney. We specialize in family law, supporting victims of the legal system.

Custody and Support

Hemmat Law Group help good people in bad situations.

Our child custody lawyers provide expert legal advice for all aspects of child custody, parenting plans and support. Contact us today.

View all
Article by Steven A. Hemmat
Founder, CEO