The Legal Implications of a Committed Intimate Relationship in Custody Cases

The ending of any relationship can be disorienting and overwhelming. Partners who have spent several years together often find it challenging to transition away from cohabitation and adjust to their newly independent realities. As they sort through their shared possessions and begin to untangle their bank accounts from one another, several questions can arise along the way. While the divorce process in Washington state provides fairly clear guidelines that govern important steps like property division, spousal maintenance, parenting plans, and child support, unmarried couples who have been together for quite some time may feel uncertain about how to move through the separation process without these clear legal guidelines. Washington state’s unique “Committed Intimate Relationship” doctrine (also referred to as CIR) aims to ensure that unmarried couples who are separating still part ways with an equitable and just division of property. In other words, the CIR Washington law essentially maintains that property in committed intimate relationships should be divided just like it would in a typical divorce. Parents seeking to end a committed intimate relationship will also need to address the topic of child custody, which can be a complex endeavor.

If you need help understanding your parental rights during a CIR separation in King County or Pierce County, it’s helpful to enlist the guidance and support of a highly qualified and experienced Seattle family law attorney who can provide you with the customized information you need to proceed with confidence. This post will explore how Washington state defines committed intimate relationships, some ways in which they differ from marriages and divorces, and a few strategies for resolving CIR custody disputes peacefully and effectively. 

Proving a Committed Intimate Relationship (CIR) in Court

When a couple legally marries in Washington state, the union will be officially recognized through legal documents. However, partners who reside together for many years and meet certain criteria can also enjoy several legal rights that their married counterparts do. In Washington state, the definition of a committed intimate relationship is “a stable, marital-like relationship where both parties cohabit with knowledge that a lawful marriage between them does not exist.” This doctrine was put into place to protect unmarried couples who acquire property or assets during their long-term relationships so that one party does not unjustly benefit from the other at the end of the relationship. In other words, the CIR doctrine shields individuals from a partner who may attempt to take advantage of them by laying claim to their resources when the relationship ends. As a couple moves through the separation process, they may need to prove that they were in a valid CIR in order to obtain an equitable division of property. Below are a few of the factors that a judge will likely look for when determining whether the parties were in a committed intimate relationship. Every case will vary, so it’s important to recognize that the judge will assess a wide range of considerations when making a determination.

Continuity of Cohabitation

Generally speaking, the couple should live together on a consistent basis in order to be recognized as being part of a committed intimate relationship. You can provide proof of cohabitation by presenting bills in the name of each party that resides at the same address. In most cases, the couple must move in together before the court will recognize the start of the CIR (even if the relationship actually began several months—or even years—before the parties cohabitated).

The Nature and Purpose of the Relationship

In order for the court to recognize the CIR, you should be able to demonstrate that you and your partner were intentional about providing each other companionship, support, love, physical affection, or that you were together for a specific purpose (like raising a child together). The court may ask questions about whether you presented yourselves as a couple in public, whether you shared bank accounts or credit cards, and whether you purchased property together. Any pooling of your resources usually indicates that your relationship was considered a committed intimate relationship.

Duration of the Relationship

For the most part, relationships that lasted for several years stand a good chance of being recognized as committed intimate relationships. Although every case is different, a couple needs to have resided together for at least two to three years and presented themselves publicly as a couple in order for the court to consider their partnership a committed intimate relationship. For more customized information about your situation, you can enlist the support and guidance of a qualified and experienced Seattle family law attorney.

How Committed Intimate Relationships Differ From Marriages in Washington State

Other than a marriage certificate, there are a few significant differences between lawful marriages and committed intimate relationships in Washington state. Although the CIR doctrine extends certain protections to individuals when it comes to ensuring an equitable division of property when the relationship ends, it’s important to note the differences between the rights of those in marriages and the rights of those in committed intimate relationships. First, couples in a CIR do not receive the same tax benefits as couples who are legally married. When a committed intimate relationship ends, the parties cannot seek a spousal maintenance agreement, which may be an option during a traditional divorce. However, if the couple in a committed intimate relationship has a valid written contract that expressly provides for spousal maintenance, it may be possible to honor this request. Another important distinction is that attorney fees may only be awarded in divorces between married couples, which means that CIR cases will not address or include discussions of attorney fees. If you have further questions about what to expect during the process of ending your committed intimate relationship in the greater Seattle area, consider discussing your concerns with a trusted and experienced family law attorney for more detailed guidance. 

Committed Intimate Relationship Custody Considerations

Parents who are ending a committed intimate relationship will need to address how they plan to care for their children as they go their separate ways. It’s important to recognize that Washington law believes parents have a legal responsibility to care for their children regardless of marital status. In every situation pertaining to child custody arrangements, the court will strive to implement a plan that supports the best interests of the children. Below are just a few considerations that unmarried parents may need to navigate when it comes to establishing a parenting plan and making child custody decisions. 

Establishing Parentage

When a child is born to a married couple, these individuals become the child’s legally recognized parents. However, children born to unmarried parents or to those in committed intimate relationships may need to establish parentage through paternity testing so that the parties can negotiate a parenting plan that’s fair to all parties. Or, you can also sign an Acknowledgment of Parentage document to establish a father’s rights by recognizing their parental status. To learn more about parenting rights in committed intimate relationships, reach out to a knowledgeable and caring Seattle family law attorney for more specific information and guidance. 

Parenting Plans for Unmarried Parents 

All parents, regardless of marital status, have an obligation to care for their children. As you end a committed intimate relationship in Washington state, you may encounter challenges about how to establish a parenting plan that protects the best interests of your children. CIR custody disputes can become complex and emotionally heated, so it can be helpful to enlist the guidance of a compassionate and dedicated Seattle child custody attorney who can provide you with the support and reassurance you need during this difficult time. Together, you can negotiate a parenting plan that allows you to enjoy quality time with your child while safeguarding and prioritizing their best interests. 

Child Custody for Non-Biological Parents

Sometimes, one partner in a committed intimate relationship is not the biological parent of the child that the couple is raising together. However, if you lived with the child and took care of them on a consistent basis, you may be able to petition for de facto parentage so that you can obtain custody or visitation rights. These cases can be nuanced and complex, so it’s usually best to work with a highly experienced Seattle child custody lawyer to maximize your chances of securing your desired outcome. 

Get Started With Seattle’s Go-To Family Law Firm Today

Issues that affect your family can be incredibly personal and overwhelming. During this vulnerable time, it’s important to find a legal advocate who understands your concerns and treats you with the care, empathy, and respect that you deserve. At the Hemmat Law Group, we believe in working closely with every client we serve to identify their concerns and goals so that we can identify the best path forward. Our highly experienced family law attorneys will help you understand your rights and responsibilities so that you can make more informed decisions with greater confidence. 

If your long term relationship is ending, it can be confusing to recognize your legal rights and options regarding important matters like property division and child custody. The highly experienced and trusted family law attorneys at the Hemmat Law Group are ready to provide you with the customized legal guidance you need to move through this process with greater clarity and certainty. Please contact our Seattle office today at (206) 682-5200 to discuss your goals with a dedicated and caring family law attorney.