What is Considered the Child’s “Best Interest” in Washington State Custody Cases?

Parents who arrive at the decision to end their marriage face many heavy decisions. Even if they mutually agree to seek a divorce, this significant transition from a single family unit to separate living spaces can be especially difficult for children to navigate. A parent going through the divorce process in Washington state not only struggles with the considerable emotional fallout from the ending of their long-term relationship (i.e., grief, sadness, anger, and other powerful emotions), but they must also help their children adjust to their new reality of separated parents living in different households. The effect of parental divorce on children has been widely researched and studied, with much attention still falling on the negative impact of this significant life event (such as increased behavioral problems, substance misuse disorders, low academic performance, and other adverse outcomes) for children of divorce. 

However, much research has also been done to identify some coping mechanisms and other early interventions that can mitigate the adverse effects of divorce on children, such as fostering “positive and consistent relationships with custodial parents” that “emerge as significant mediating factors.” The family court system in Washington state recognizes the importance of strong parental relationships between parents and children in the wake of divorce, which is why Washington child custody laws prioritize the child’s best interests in all matters related to child custody and parenting plans. Enlisting the guidance of a highly qualified and caring Seattle family law attorney can help you move through these challenging negotiations with greater clarity and understanding. So, what does the best interest of the child in Washington state look like in practice? Let’s take a closer look at how these decisions are made and how they may affect divorce and parenting plan decisions and outcomes in the greater Seattle area. 

What Does “Best Interest” Mean in Washington State?

First, it’s helpful to understand what the term “best interest” means in a legal sense. Under RCW 26.09.002, “In any proceeding between parents under this chapter, the best interests of the child shall be the standard by which the court determines and allocates the parties’ parental responsibilities.” In other words, any decision that the court makes will prioritize the best interests of the child, seeking to ensure that the child’s well-being and safety are at the forefront of every consideration. The legal statute proceeds to describe how “The state recognizes the fundamental importance of the parent-child relationship to the welfare of the child, and that the relationship between the child and each parent should be fostered unless inconsistent with the child’s best interests.” Generally speaking, the court will seek to implement a parenting plan that allows the child to cultivate meaningful relationships with each parent. The court will only consider limiting or prohibiting a parent’s time with the child if there are concerns about the child’s safety (i.e., the parent has a documented history of domestic violence, struggles with substance misuse, or other factors that could endanger the child’s welfare). For the most part, the court seeks to create a parenting plan and child custody arrangement that “maintains a child’s emotional growth, health and stability, and physical care.” As you and your Seattle divorce and family law attorney approach the parenting plan process, it’s important to understand the lens through which the judge will assess your proposed parenting plan. 

What Judges Consider in Child Custody Considerations in King County

As you and the other parents navigate the divorce process in King County or Pierce County, you will need to create a parenting plan and present it to the judge for approval. In most of the cases where the parties can agree to the terms of the parenting plan, the judge will approve the plan. However, if the parties cannot work together to establish a parenting plan, they can take the dispute before a judge to determine the specific details of the parenting plan. In either case, the judge will examine a variety of factors in order to determine whether the parenting plan prioritizes the child’s best interests. Below are just some of the factors that a Washington judge may consider when approaching parenting plan disputes in King County.

The Ability of Each Parent to Provide For the Child

As a parent, you will need to care for your child by meeting their daily needs and providing them with stable and secure financial support. A judge overseeing a Washington state family court custody matter will assess the ability of each parent to meet the child’s basic needs (i.e., food, shelter, clothing, etc.), as well as their capacity to care for the child’s emotional needs. As long as both parents are able to maintain child-safe living environments and respond to the child’s physical, psychological, emotional, and social needs, the judge will approve a parenting plan that allows both parents the opportunity to care for the child.

The Stability of the Home Environment

Understandably, divorce can be a disruptive and chaotic time for a child. Generally speaking, the court will try to minimize these disruptions as much as possible when establishing a parenting plan and determining child custody arrangements. For instance, a judge may seek to have the child remain with the parent who plans on remaining in the family home in order to ease the transition and provide much-needed continuity during this turbulent time. If both parents plan to move into new and different living environments, the court will likely seek an arrangement that would not be too disruptive to the child’s school routine, extracurricular activities, and social environment. 

The Health of Each Parent

Sometimes, one parent’s physical or mental health could affect their ability to care for their child, especially in the wake of a contentious divorce. While the Washington court does not discriminate against a parent for any health conditions they may have, a judge could consider how, for instance, a parent’s acute depression may limit their ability to care for the child until they have received the therapy and support they need. If you have concerns about your child’s other parent’s capacity to care for your child, it’s worth discussing these thoughts with your Seattle family law attorney to determine the most appropriate path forward. 

How the Child’s Wishes Are Factored In

In addition to the factors explored above, the court may consider a child’s preferences for custody arrangements in certain cases. If the child is old enough (and mature enough) to articulate their preferences about where they would like to live, the court may consider their perspective. However, judges will look for any signs of parental alienation or other forms of manipulative behavior to ensure that the child is making their decisions themselves (without the interference of the other parent). Ultimately, the court strives to establish a fair parenting plan that puts the best interests of the child first while providing each parent with sufficient opportunities to build a meaningful relationship with their child.

Understanding Legal Custody vs. Physical Custody in Washington State

When we use the term child custody, it’s important to recognize that there are subtle types of custody that can be affected and addressed by a parenting plan in Washington state. For example, legal custody refers to a parent’s authority to make decisions about their children’s lives, such as making choices about their medical treatment, education, and other important matters. Physical custody refers to a parent’s legal right to have the child reside with them. Although cases where there is a history of domestic abuse may prompt the court to deny custody to one parent out of concerns for the child’s well-being, most judges will strive to establish child custody arrangements that give both parents some degree of custody. If you have questions about your parenting rights or other custody issues, please contact a knowledgeable and experienced Seattle family law attorney to get started.

What Washington Parents Can Do to Support Their Child Custody Case

Disputes about child custody can be particularly stressful for parents, as they want to spend as much time as possible with their children. If you are struggling with a contentious child custody case, it’s worth enlisting the guidance and support of a caring and trusted Seattle family law attorney to help you identify the most strategic course of action. Together, you can gather strong evidence showing how you can care for your child and provide them with the stable and loving environment they need to grow and thrive. Moreover, if you are concerned about the other parent’s ability to meet your child’s needs, your attorney can help you make your case to the judge. No matter what your specific needs and goals may be, you can trust that the dedicated family lawyers at the Hemmat Law Group are ready to help you achieve a fair and favorable outcome. 

The dedicated and caring team of family law attorneys at the Hemmat Law Group is here to provide you with the personalized and effective legal guidance you need during this challenging time. If you have questions about the divorce process, parenting plans, or another family law matter in King County, Pierce County, or the greater Seattle area, we are ready to help you make informed decisions with greater confidence. Please call our office today at (206) 682-5200 to get started with a highly qualified and trusted family law attorney.