Children are the number one priority when parents divorce. The end of a marriage can be difficult for everyone, but it is often particularly traumatic for children. The family dynamic is changing forever, and parents need to establish a new normal. Parents generally both want to spend time with their kids, and as long as they are good parents, the courts typically allow children time with both. It is helpful to understand joint vs. sole custody to decide what is best for your child.
In Washington, the court uses a parenting plan to address residential time and decision making for children. The parenting plan has replaced the older concept of custody.. A parenting plan will provide terms for each parent's right to make decisions on behalf of a child. Some of these decisions include those regarding medical care, education, and child care, among others. Residential time refers to the place where a child resides. It means the location where the child lives most of the time. Parents may share time and major decision making for their children, which embodies the concept of joint child custody. An experienced family law attorney will assist you through the custody and parenting plan process.
What is Joint Custody?
Joint custody is an arrangement in which both parents are legally responsible for their child. Both parents share authority for making decisions as well as parenting time. Joint custody typically means that both parents will spend equal time or about equal time with their child. In joint custody, the child may live primarily with one parent. However, both parents share time with their children in a somewhat equal manner. Both parents are involved in their children’s lives on a regular basis.
What is Sole Custody?
Sole custody is when one parent has the exclusive right to care for or make decisions for their child. Sole legal custody is the ability to make legal decisions on behalf of the child. Sole physical custody occurs when the child resides with one parent. Typically, the well-being of a child is best served when both parents are involved. However, there are times when sole custody is appropriate and preferred. It is also important to note that in situations where a child’s parents are unmarried, the father or other parent must establish parentage.
Child Custody Laws in Washington
Washington provides a policy that parents and the court are to follow when deciding child custody. RCW 26.09.002 states that “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.” Any decision made regarding child placement and visitation is made based on what is best for the child. The law further says, “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. Residential time and financial support are equally important components of parenting arrangements.”
The law clearly requires the use of a parenting plan to address the various issues of child custody. The arrangement must maintain a child’s “emotional growth, health and stability, and physical care.” The policy further states that the relationship between parent and child is important and should only be changed when necessary to protect the child's well-being or when the relationship between parents is altered.
How Do the Courts Determine Custody?
The goal of the court is to ensure a safe and nurturing home environment for every child. First and foremost, the court will review the agreement the parents made regarding custody arrangements for the child. The court also considers a variety of factors when determining child placement. Some of these include:
Emotional and physical needs of the child
Parent’s ability to care for the child
Child’s relationship with each parent
Each parent’s mental and physical health
Parent’s willingness to work together
Distance between parent’s homes
History of abuse, domestic violence, or neglect by a parent
Substance abuse by either parent
Any special needs of the child
One of the most important considerations when establishing a parenting plan in which decision making is shared is the ability of both parents to work together. A parenting plan is a tool that parents utilize to designate custody and visitation or residential time as part of the divorce.
Parenting Plans
Washington state requires a parenting plan as part of a divorce proceeding. Both parents participate in creating and agreeing to a parenting plan that is beneficial to the child. There are three main parts of a parenting plan including the parenting time schedule, decision-making authority, and dispute resolution. The parenting plan designates legal custody, physical placement, and decisions regarding education and healthcare, among other matters. When parents are in agreement, the judge will typically approve as long as the plan is in the best interests of the child.
When Joint Custody May Not Be Best
There are some situations in which sole custody is the better option for a child. In cases where one parent is unfit, unable, or unwilling to provide care, a child may be better cared for by one parent. When a parent has been abusive or is dangerous, joint custody could be harmful to a child. Sometimes, a parent has a history of substance abuse or criminal activity or is otherwise unable to provide adequate parenting. In these cases, sole custody may be best for the child’s ongoing health and welfare. The court must determine whether a parent is unfit to provide care for their child.
Modifying Custody
When a judge signs a custody order or parenting plan, it is considered permanent. However, there are times when a modification may be necessary. A modification may only be requested through the court if there is a substantial change in circumstances. This can happen, for instance, if things change that will no longer serve the best interests of the child. Either parent may file a petition for modification and, at the adequate cause hearing, must provide proof that there has been a substantial change in circumstances and that a modification would be in the best interests of the child. A knowledgeable family law attorney will help guide you through the modification process.
Child custody is often a point of contention between parents. However, parents need to always take their child’s best interests into consideration when making decisions about custody. In cases where parents cannot agree to a parenting plan, they may seek resolution with help through mediation. A qualified family law attorney understands your concerns and will work with you to help develop a parenting plan and custody arrangement that is beneficial for you and your children. To learn more about child custody, contact us at View Ridge Family Law & Estate Planning at (206) 966-4020 to speak to our legal team.
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