Spokane Child Custody Attorney

What Factors are Considered When Establishing Custody in WA?

If there are no limiting factors, the Court then considers seven additional statutory factors - it is not simply 50/50 custody in Washington State. The factor given the greatest weight is the strength and stability of the child’s relationship with each parent. As influenced by the age of the child, the Court will also consider whether the parents had agreements about parenting, the parents’ past and potential for future parenting of the child, the child’s emotional and developmental needs, the child’s relationships with siblings, significant others, and their school and activities, and the parents’ wishes.

Parenting Plans in Paternity Actions

Major changes were made to the Washington State statutes governing paternity actions as of January 1, 2019. In Washington State, paternity can be presumed, acknowledged, or adjudicated. Once paternity has been established, the Court would apply the same process for determining a final parenting plan as it would apply where paternity is known. I have represented hundreds of clients, mothers and fathers, in obtaining final parenting plans that ensured they had frequent and consistent time with their children, joint decision-making authority, and effective dispute resolution provisions.

Modifying a Parenting Plan in Washington State

In most Washington State counties, unless there is an emergency situation threatening the safety of a child or a history of domestic violence, the courts require parents to mediate parenting disputes before coming back to court for a judge to resolve. The Courts and the legislature have determined that it is in the best interests of children to maintain custodial continuity as long as the child is not at risk of harm under the current plan.

A party may seek a Major Modification or an Adjustment to the current parenting plan if they can show there is adequate cause to proceed on the petition. To prevail on a Major Modification request, a parent or custodian, must submit a Petition and affidavit setting forth facts that have arisen since the current parenting plan was enacted, or facts not known to the court at the time the current parenting plan was enacted, that show there has been a substantial change in the circumstances of the child or the other parent.

Bases supporting a major modification include:

1. the parties agree to the modification;
2. the child has been integrated into the home of the non-primary parent with the understanding that custody would change to that parent;
3. the child’s home environment is detrimental to the child’s physical, emotional, or mental health; or
4. the non-moving party has been found in contempt for withholding the child twice within the past three years.

Even if the court concludes that the moving parent has satisfied one of the factors, the court must determine that the proposed modification is in the child’s best interests.

A parent may petition for an Adjustment to a current parenting plan if they can show a substantial change in the circumstances of either parent or the child, and that the proposed modification does not change the child’s primary place of residence. A parent whose work schedule has changed making the current parenting plan impossible to follow, or a parent who has an insufficient amount of time with the child may seek an adjustment.

As with a major modification, the court must find that the proposed modifications are in the best interests of the child. Adjustments to the non-residential portions of a parenting plan, major decision-making, dispute resolution, or transportation, may also be sought, by showing a substantial change in the circumstances of either parent or the child and by showing the proposed adjustment is in the child’s best interests.