Fair Treatment of Fathers in Divorce & Custody Cases

There's a common misconception that in divorce and custody cases, Washington family courts favor mothers. However, the legal system in Washington State is designed to support the child's best interests, ensuring that both parents have an equal right and responsibility to parent.

Understanding Washington State Custody Laws

Washington State law has evolved to promote equitable parenting. Here are key aspects to understand:

• Best Interests of the Child: The core principle guiding custody decisions is the best interests of the child. This standard is explicitly stated in RCW 26.09.002.

• Equal Parenting Encouraged: Washington courts emphasize the importance of both parents' involvement in a child's life when it is in the child's best interest.

• Parenting Plans: Instead of "legal custody," Washington uses "parenting plans" to determine the residential schedule and parental rights, giving both parents equal opportunity. 

  
  

Debunking the Myth of Maternal Preference

The notion that mothers are automatically favored in custody disputes is outdated. Washington has shifted away from the "Tender Years Doctrine," which historically prioritized mothers. Here’s what to consider:

• No Automatic Preference: The law does not grant an automatic preference to mothers.

• Equitable Parenting in Washington: Washington has made strides in equalizing custody, moving away from the "Tender Years Doctrine".

• Statistics: In Washington, a notable 46% of children experience at least 35% of their parenting time with their fathers following a divorce as reported by the Seattle Times. To provide context, this figure is significantly greater than the national average, which stands at 17.5%. While residential schedules with mothers may be more common, the number of custodial fathers has risen by 4% since 1994.

• Factors Considered by the Court: Judges consider various factors, including the ability to provide a stable environment, the child's relationship with each parent, and any history of domestic violence or substance abuse.

• Paternity: For unmarried fathers, establishing paternity is a necessary first step to protect their parenting rights. This can be done through a Voluntary Acknowledgement of Paternity or a Petition to Establish Parentage.

  
  

How Fathers Can Advocate for Their Rights

• Seek Legal Representation: Parents who work with a family law attorney have a greater likelihood of achieving a favorable parenting plan.

• Focus on the Child's Best Interests: Demonstrate your commitment to providing a stable and nurturing environment for your child.

• Document Everything: Keep a record of your involvement in your child's life, including activities, caretaking responsibilities, and communication with the other parent.

• Address Concerns Promptly: If you believe there is bias in your case, address it through the appropriate court procedures.

  
  

View Ridge Family Law & Estate Planning: Fair Treatment of Fathers in Divorce, Supporting Fathers in Seattle

At View Ridge Family Law & Estate Planning, we understand the challenges fathers face in divorce and custody cases. We are committed to advocating for your rights and ensuring the Fair Treatment of Fathers in Divorce through informed guidance and strong representation in Washington family courts. 

For assistance with your family law concerns, call us at 206-703-0764 or contact us online to schedule a consultation.