Creating a Parenting Plan & Winning Custody – Full v. Majority

Parenting Plans in Washington:

Washington Criteria for a Parenting Plan

Washington Courts consider several factors when addressing parenting plans to ensure that they are in the best interests of the children involved. The factors are listed in RCW 26.09.187. We have summarized them here and included other elements we have seen Courts consider:

1. The Child’s Relationship with Each Parent: Courts assess the strength and quality of the child’s relationship with each parent, including their emotional bonds and attachments. This is the most important factor.
2. Parenting Abilities: Courts evaluate each parent’s ability to meet the child’s physical, emotional, and developmental needs, including their capacity to provide a stable and nurturing environment.
3. History of Care: Courts consider each parent’s history of involvement in the child’s care, including their past caregiving responsibilities and level of participation in parenting tasks.
4. History of Domestic Violence or Abuse: Courts take into account any history of domestic violence, abuse, neglect, or substance abuse by either parent, prioritizing the safety and well-being of the child.
5. The Child’s Adjustment to Home, School, and Community: Courts consider the child’s current living situation, school environment, and community connections, aiming to minimize disruptions and maintain stability.
6. Co-Parenting Skills: Courts assess each parent’s willingness and ability to cooperate with the other parent and facilitate a positive co-parenting relationship, promoting the child’s healthy adjustment to the divorce.
7. Geographic Proximity: Courts may consider the proximity of each parent’s residence to the child’s school, healthcare providers, and extracurricular activities to facilitate ease of access and involvement.
8. Work Schedules and Availability: Courts take into account each parent’s work schedules, availability, and ability to provide care for the child, ensuring that parenting plans are practical and feasible.
9. Any Other Relevant Factors: Courts may consider any other factors deemed relevant to the child’s best interests, including the child’s special needs, cultural background, and any other unique circumstances affecting their well-being.

We receive many questions about whether a Court will allow a child to live with the parent they want to. There is a provision in RCW 26.09.187 where children, who are “sufficiently mature,” can choose whom they want to live with. We have seen that this is rarely enforced; however, because the Courts do not like it when children testify for one parent over the other. That is our experience and there are certain situations where a Court would allow a child to live with the parent they want to. 

How to Win Custody in Washington State

Full custody (where one parent has the children all the time) is rarely ordered in Washington. Instead, majority custody is typically given to one party, though there are more and more 50/50 plans now than there were twenty years ago. Custody decisions are based on the best interests of the child, and the court considers various factors when determining custody arrangements. If you’re seeking majority custody (also known as primary or sole custody), you’ll need to demonstrate to the court that it’s in the child’s best interests for you to have primary physical and legal custody. Here are steps to increase your chances of obtaining majority custody:

1. Understand Custody Laws: Familiarize yourself with Washington State laws regarding custody and visitation, including the factors listed above the court considers when making custody determinations.
2. Focus on the Child’s Best Interests: Emphasize to the court how your proposed custody arrangement serves the child’s best interests. Highlight factors such as stability, continuity, safety, and the child’s relationship with each parent.
3. Document Parenting Responsibilities: Gather evidence to demonstrate your involvement in the child’s life, including caregiving responsibilities, participation in school and extracurricular activities, and overall involvement in the child’s upbringing. Examples of this include medical records showing which parents attended the children’s appointments, emails from a parent to their children’s teachers, proof of a parent’s volunteer work with the children’s extracurricular activities, and others.
4. Maintain a Safe and Stable Environment: Ensure that your home provides a safe and stable environment for the child. This includes factors such as adequate housing, a supportive family environment, and a consistent daily routine.
5. Encourage a Positive Relationship with the Other Parent: Demonstrate to the court that you support the child’s relationship with the other parent and are willing to facilitate visitation and communication between the child and the other parent.
6. Address Concerns About the Other Parent: If there are concerns about the other parent’s ability to provide a safe and stable environment for the child, document these concerns and present evidence to the court. This may include evidence of neglect, substance abuse, domestic violence, or other issues that may impact the child’s well-being.
7. Work with an Attorney: Consider seeking legal representation from a family law attorney who can advocate for your interests and help you navigate the legal process effectively.
8. Consider Alternative Dispute Resolution: Explore options for reaching a custody agreement outside of court through mediation or collaborative divorce, which may result in a more cooperative and mutually beneficial outcome.
9. Attend GAL interviews or Mediation: If ordered by the court, participate in GAL interviews or mediation sessions to demonstrate your willingness to cooperate and work towards a resolution that serves the child’s best interests.

Issues with Abuse, Neglect, Drugs, Etc. 

Parents can have restrictions in their parenting plans for certain behavior that is harmful to children. The restrictions are found in RCW 26.09.191 and there are many different ways a parenting plan can have restrictions. Here are a few possibilities:

1. Supervised Visitation: If there are serious concerns about the safety of the child in the presence of one parent due to neglect, abuse, or drug issues, the court may order supervised visitation. This means that the visits with the problematic parent would occur under the supervision of a neutral third party, such as a trained supervisor or a family member approved by the court.
2. Therapeutic Services: The court may require the problematic parent to participate in counseling, therapy, or rehabilitation programs aimed at addressing the issues that led to concerns about neglect, abuse, or substance abuse. Completing such programs successfully may be a condition for increasing visitation or gaining unsupervised access to the child.
3. Parenting Classes: Both parents may be required to attend parenting classes to learn effective parenting strategies, communication skills, and methods for managing conflict. These classes can be particularly beneficial for the problematic parent to address any underlying issues contributing to their behavior.
4. Restrictions on Contact: In severe cases where the safety of the child is at risk, the court may impose restrictions on the problematic parent’s contact with the child. This could include prohibiting overnight visits, limiting visitation to supervised settings, or even suspending visitation rights temporarily until the parent demonstrates improved behavior and compliance with court orders.
5. Ongoing Monitoring: The court may order periodic reviews of the parenting plan to assess the progress of the problematic parent and the overall well-being of the child. Adjustments to the plan may be made based on the recommendations of child welfare professionals, therapists, or other relevant parties involved in the case.
6. Protective Orders: In cases involving domestic violence or significant safety concerns, the court may issue protective orders to safeguard the child and the other parent from further harm. These orders may include provisions for no-contact or limited-contact arrangements, as well as restrictions on proximity or communication.

Overall, the shaping of a parenting plan in cases involving neglect, abuse, or substance abuse issues in Washington State aims to balance the child’s need for safety and stability with the goal of maintaining meaningful relationships with both parents whenever feasible and safe. The specifics of the plan will vary depending on the unique circumstances of each case, with the court making decisions based on thorough assessments and evaluations conducted by qualified professionals.

Decision-Making

Unless one parent has abused, neglected, or severely harmed a child in another way, both parents typically have mutual decision-making (there is an exception for long-distance parenting plans. See below for details). Mutual decision-making refers to a parenting arrangement where both parents share the responsibility for making major decisions about their child’s upbringing. These decisions typically include matters related to the child’s education, healthcare, religious upbringing, and extracurricular activities.

In a mutual decision-making arrangement, both parents are required to communicate and collaborate effectively to reach consensus on important issues affecting their child. While the child may primarily reside with one parent (referred to as the primary residential parent), both parents have an equal say in decision-making matters. This ensures that both parents remain actively involved in the child’s life and that their perspectives and input are valued.

Mutual decision-making is often considered in the best interests of the child as it promotes cooperation and shared responsibility between parents, allowing for a more stable and nurturing environment for the child’s growth and development. However, it requires a level of communication, cooperation, and respect between parents to effectively implement and maintain.

Long-Distance Plan

In Washington State, a long-distance parenting plan, also known as a long-distance residential schedule, is a parenting arrangement designed for situations where one parent lives a significant distance away from the child (typically over 50 miles). This type of plan outlines specific arrangements for visitation and communication between the non-residential parent and the child to accommodate the distance between them.

A long-distance parenting plan includes provisions for:

1. Atypical Visitation Schedule: A schedule detailing when the child will spend time with the non-residential parent, taking into account factors such as school breaks, holidays, and travel time. This may involve extended visitation periods during school breaks and vacations to maximize time together.
2. Travel Arrangements: Guidelines for arranging transportation for the child between the parents’ homes, including considerations for travel costs, transportation methods, and logistics.
3. Communication: Provisions for facilitating regular communication between the child and the non-residential parent, such as phone calls, video chats, emails, or other forms of electronic communication.
4. Flexibility: Flexibility provisions allowing for adjustments to the visitation schedule or communication arrangements to accommodate changes in circumstances or unexpected events.
5. Parenting Responsibilities: Clarity regarding each parent’s responsibilities for transporting the child, coordinating visitation, and facilitating communication, ensuring that both parents play an active role in maintaining the relationship with the child despite the distance.
6. Dispute Resolution: Procedures for resolving disputes or disagreements that may arise regarding the long-distance parenting plan, including mediation, arbitration, or other methods of alternative dispute resolution.

Overall, a long-distance parenting plan aims to promote the child’s continued relationship with both parents while recognizing the challenges posed by geographical distance. It provides a framework for facilitating meaningful parent-child interactions and maintaining strong family bonds despite the logistical challenges involved.

Decision-Making with Long-Distance Plans

It’s possible for a parent who lives far away from their child to have limited decision-making authority, depending on the circumstances and the terms outlined in the parenting plan or custody agreement. For example, if one parent has majority custody while the other has visitation in the summer, the custodial parent may have decision-making for education and health because they will be taking them back and forth for school and doctor’s appointments.

Ultimately, the specifics of decision-making authority in a long-distance parenting situation will depend on the individual circumstances of the case and the agreements reached between the parents or determined by the court. It’s important for parents to clearly outline these arrangements in their parenting plan to avoid misunderstandings and conflicts down the road. If there are disagreements about decision-making authority, seeking legal advice may be necessary to resolve the issue.