What Judges Consider When Deciding Child Custody in Washington State

As you move through the divorce or legal separation process in Washington state, it’s common to feel overwhelmed and even intimidated by the number of steps and decisions you are required to make. Negotiating an equitable division of property, untangling your joint bank accounts, and updating your beneficiary designations on life insurance policies or estate planning documents are just a few of the tasks you may need to complete before the divorce is finalized. Parents who are seeking to end a marriage or domestic partnership must navigate additional steps, such as establishing a parenting plan and negotiating a child support agreement to ensure that their children are able to enjoy a stable and secure future. If you are a parent going through the divorce process in the greater Seattle area, it’s natural to be concerned about how this process may affect your child. You are likely wondering how family court custody decisions are made, as well as the factors the court may use to establish a parenting plan that supports your child’s best interests. 

As overwhelmed as you may feel at this time, it’s important to recognize that you do not have to move through this process or make these crucial decisions on your own. When you enlist the guidance of a highly qualified and caring Seattle child custody attorney, you can trust that this dedicated legal advocate will help you make more informed decisions with greater certainty. Together, you can identify the most strategic path forward to maximize your chances of obtaining a fair and favorable outcome. Let’s take a closer look at some of the key factors that Washington judges consider when considering a parenting plan, as well as some strategies you can use to strengthen your case. 

Understanding the Best Interests of the Child Standard in Washington State

When it comes to legal matters centered around parenting and children, Washington laws strive to protect the best interests of the child above all else. Under RCW 26.09.002, “the best interests of the child shall be the standard by which the court determines and allocates the parties’ parental responsibilities.” In other words, the judge will assess the specific details of each case to ensure that the terms set forth in the parenting plan prioritize the best interests of the child. The statute goes on to clarify that “The best interests of the child are served by a parenting arrangement that best maintains a child’s emotional growth, health and stability, and physical care.” As you and your soon-to-be ex-spouse engage in child custody negotiations or seek dispute resolution services to help you arrive at a fair and equitable outcome, it’s essential to understand that the court will only approve a parenting plan that puts your child’s best interests first. You can discuss your specific concerns with your knowledgeable and trusted Seattle family law attorney to determine the most appropriate course of action. 

Factors That Judges Consider in Parenting Plan Disputes

Just as every child and family is different, parenting plans vary in their specific terms to ensure that they are well suited to address the child’s best interests. Whether you are presenting a parenting plan to the court for its approval or you are involved in a child custody dispute in King County or Pierce County, it’s helpful to recognize some of the primary factors that the court will consider when reviewing a parenting plan and custody agreement. These factors are articulated in RCW 26.09.187 and explored briefly below to give you an idea of how a Washington judge might approach a proposed parenting plan.

The Parent’s Ability to Provide For the Child

The court will want to know that a parent seeking custody of the child has the ability to provide for them. This means that a parent has the ability to ensure that the child is fed, develops good hygiene habits, attends school, and receives emotional and social support from the parent and their peers. Providing for a child also encompasses financial support, and the judge may order the parent who spends less time with the child to pay child support to assist with the considerable costs associated with raising the child. To learn more about child custody or child support considerations, you can discuss your concerns with a trusted and highly experienced Seattle family law attorney. 

The Stability of the Living Environment

Parenting a child means more than being able to feed, shelter, and clothe them. The court will want to know that the child’s living environment is safe, nurturing, and conducive to helping the child grow and thrive. For instance, the judge may look at other people living in the same household, such as grandparents or stepsiblings, who could either provide additional support to the child or (in some cases) pose a danger to the child’s safety or wellbeing. Additionally, the court will look at whether moving a child to a parent’s new home would be too disruptive to their current school routine, social relationships, and extracurricular activities. 

The Parent’s Mental and Physical Health

Even if a parent has a stable and safe living environment, they may have their own health challenges that could affect their ability to care for the child. Although judges tasked with determining child custody in Washington do not discriminate against a parent for any health conditions they may have, they can consider how these conditions can affect their parenting abilities and modify their custody determinations accordingly. For example, a parent undergoing cancer treatment may tire easily and need plenty of rest, so the judge may adjust the parenting plan in such a way that provides the parent sufficient time to focus on their recovery. The needs of each family will vary, so it’s worth discussing your goals and concerns with a caring and experienced Seattle child custody lawyer for more personalized legal guidance.

The Child’s Relationship With Each Parent

Unless there are valid reasons for limiting a child’s contact with one parent (i.e., allegations of abuse or domestic violence), the court will strive to implement a parenting plan that gives both parents the opportunity to care for the child in meaningful ways. While the court may give primary custody to one parent so that the child can rely on a stable routine, the other parent will be encouraged to spend time with the child as much as possible. For instance, the primary custodial parent may care for the child during the school week to minimize schedule disruptions, and the child may then spend every other weekend with the other parent to give them the chance to forge a meaningful relationship. 

Additional Factors to Consider When Developing a Parenting Plan

In addition to the factors mentioned above, the court will also explore any other relevant factors that pertain to the child’s wellbeing. The child’s educational needs, sibling relationships, and any special needs the child may have can also play an important role in establishing a parenting plan that prioritizes and supports the child’s best interests.

How to Strengthen Your Child Custody Case in Washington State

Parents who are negotiating a parenting plan should focus on establishing an arrangement that supports the child’s best interests. Unfortunately, not all child custody cases proceed smoothly—especially if the other parent is refusing to cooperate or communicate openly and honestly with you. In some cases, the other party may resort to using underhanded or bad faith tactics to improve their chances of securing the outcome they’re after. If the other parent is accusing you of domestic violence or other harmful behavior in order to gain a more favorable child custody arrangement, it’s essential that you work with a highly experienced Seattle child custody attorney who can defend you against these accusations and improve your chances of securing a fair and equitable outcome. No matter what the specifics of your child custody case may be, it’s helpful to work with your attorney to develop a strategic plan for negotiating a parenting plan that supports you and your child’s best interests.

FAQs About Child Custody in Washington State

As you begin to explore your divorce options in the greater Seattle area, it’s common for the following questions to arise. Here is some helpful information to help you understand some of these common concerns as you move through the process of creating a parenting plan in Washington state.

Can a Child Choose Which Parent to Live With?

If the child is old enough (and mature enough) to articulate their preferences regarding custody arrangements, the judge may take their thoughts into consideration. However, judges will also look for any signs of parental alienation or manipulation to ensure that the child is not being used by one parent to leverage a more favorable outcome. 

How Does Domestic Violence Impact Child Custody Decisions?

Since the court strives to protect the safety of the child, a parent’s history of domestic violence or abuse could result in the loss or limitation of parental rights. Depending on the specifics of the situation, a judge may order supervised visitation so that a parent can still interact with the child in a safer environment. If you have questions about the potential impact of domestic abuse allegations or convictions on your parental and custodial rights, it’s worth discussing these concerns with a dedicated and knowledgeable Seattle family law attorney. 

At the Hemmat Law Group, we have proudly served individuals, parents, and families throughout Washington state for decades. We believe in working closely with our clients to identify their specific needs and goals so that we can help them obtain their desired outcomes. Please reach out to our Seattle office today at (206) 682-5200 to get started with a highly qualified and caring divorce and family law attorney.