Jin and Mina, a couple residing in Puyallup, Washington, are entangled in a contentious separation. They have two children: Lucas, aged 8, and Sophia, aged 6. Jin works as an engineer, while Mina is a stay-at-home parent. They currently reside in Gem Heights and their children go to Zeiger Elementary School.
- Allegations of Neglect and Domestic Violence:
- Mina accuses Jin of neglecting the children’s emotional needs and subjecting her to physical and emotional abuse throughout their marriage.
- Jin denies the allegations and claims Mina’s mental health issues have led to her neglecting the children’s care and fabricating accusations against him.
- Both parties present evidence, including medical records, witness testimonies, and police reports, to support their respective claims, heightening tensions and complicating the proceedings.
- Supervised Visitation and Protective Orders:
- Due to concerns about domestic violence and the children’s safety, Mina seeks supervised visitation for Jin, citing past instances of aggression and intimidation.
- Jin vehemently opposes supervised visitation, asserting his right to unsupervised access to the children and denying any history of abuse.
- The court may or may not temporary protective orders to safeguard Mina and the children from further harm depending on whether there is enough evidence to do so.
- Therapeutic Intervention:
- The court might mandate counseling and anger management sessions for both Jin and Mina to address underlying issues contributing to the conflict and ensure the children’s well-being.
- Jin might have to obtain a domestic violence evaluation and engage in treatment.
- Ongoing Monitoring and Review:
- The court might order regular monitoring of the parenting plan by a court-appointed guardian ad litem to assess compliance with court orders and the children’s safety and well-being. The GAL might also investigate the accusations made by both parents.
Parenting Plan Options
Below are different parenting plan options that Mina and Jin could consider for their children and requests they could make based on their alleged parenting and communication issues:
- 50-50/Equal Time-Sharing Plan: Under this plan, Mina and Jin would have equal time with the children, splitting parenting time on a 50/50 basis. This could involve alternating weeks or dividing the week into equal blocks of time. This plan provides both parents with substantial and consistent time with the children, fostering strong relationships and shared responsibilities.
- Majority-Minority Custody Plan: In this arrangement, the children would primarily reside with one parent (often the custodial parent) while the other parent has scheduled visitation time. For example, the children may live with Jin during the week and spend weekends with Mina, along with additional visitation time during weekdays or holidays. This plan provides stability for the children while ensuring ongoing involvement from both parents.
- Customized Parenting Schedule: Mina and Jin can create a custom parenting schedule tailored to their specific needs, preferences, and the children’s best interests. This may involve a combination of weekdays, weekends, overnights, and holidays, designed to accommodate their work schedules, the children’s extracurricular activities, and other commitments. Flexibility and open communication are crucial for the success of a customized parenting plan. This can be key if one parent has to work nights or weekends—for example Jin works six days a week instead of five.
- Bird’s Nest Custody Plan: This is a very uncommon arrangement that involves the children remaining in the family home while Mina and Jin take turns living with them. For example, Mina may reside in the family home with the children for one week, while Jin stays in a separate residence, and then they switch. This plan minimizes disruption to the children’s living arrangements and allows them to maintain a consistent environment.
- Long-Distance Parenting Plan: Let’s say Jin wants to move to the Bahamas (wouldn’t we all?), a long-distance parenting plan would likely be appropriate. This plan typically involves extended periods of visitation during school breaks, holidays, and summers, supplemented by regular communication through phone calls, video chats, and other electronic means. It’s essential to create a schedule that maximizes quality time between the children and the non-residential parent while accommodating logistical challenges.
- Staged Parenting Plan: A staged parenting plan gradually increases the non-residential parent’s time with the children over time, allowing for a transition period to adjust to the new living arrangements. For example, the children may initially spend weekends with the non-residential parent and gradually transition to weekday overnights as they become more accustomed to the new routine. This plan can help ease the children’s adjustment to the divorce and promote a smooth transition.
Sometimes parents can write in provisions in the “Other” section of a parenting plan to create a “Parallel Parenting Plan.” Parallel parenting involves each parent having separate and distinct responsibilities for the children during their respective parenting time, with limited communication between the parents. Under this plan, Mina and Jin would maintain separate routines, rules, and disciplinary approaches during their time with the children. This plan can be beneficial in high-conflict situations where frequent interaction between parents may be detrimental.
Parents may face restrictions in their parenting plans to protect children from harmful behavior, outlined in RCW 26.09.191. Here are some possibilities:
- Supervised Visitation: If a parent poses safety concerns due to neglect, abuse, mental health, drug issues, etc. the court may order supervised visits. This means visits occur under the supervision of a neutral third party, which might be a professional, family member, or friend. Whoever it is will have to sign an oath of supervision containing many conditions with one being that they will inform the Court if anything happens that harms or risks harm to the child.
- Therapeutic Services: The court may require counseling or rehab for issues like neglect or substance abuse. Completing programs could lead to increased visitation rights.
- Parenting Classes: Both parents might attend classes to learn parenting skills and conflict management, especially if one struggles with their behavior.
- Restrictions on Contact: In severe cases, the court might limit a parent’s contact, prohibiting overnight visits or allowing only supervised settings until they demonstrate improved behavior.
- Ongoing Monitoring: The court may review the parenting plan periodically, adjusting based on professional recommendations to ensure the child’s well-being.
- Protective Orders: In cases of domestic violence or significant safety concerns, the court might issue protective orders to safeguard the child and the other parent.
Child Support
A court would calculate child support (both temporary and final) by following Washington State guidelines. Here’s how the court might proceed:
- Determining Income:
- The court would first assess the gross income of both Mina and Jin.
- Both parties would provide documentation of their income, including pay stubs, tax returns, and other financial records. Because Mina is a stay-at-home mom, she would likely have her income imputed to the average salary of a woman her age.
- Calculating Basic Support Obligation:
- Using the Washington State Child Support Schedule, the court would determine the basic support obligation based on the combined income of Mina and Jin and the number of children they have.
- The court would reference the standard calculation table in the Child Support Schedule to determine the appropriate amount of child support based on the combined monthly net income of both parents.
- Adjusting for Parenting Time:
- The court would consider the parenting time arrangement agreed upon or ordered for Mina and Jin. Since they have two children aged 10 and 12, the court would take into account the number of overnights each parent has with the children.
- If Mina and Jin have a shared custody arrangement where the children spend significant time with both parents, the court may make adjustments to the child support calculation to reflect the shared expenses incurred by each parent during their respective parenting time. This is called a Residential Schedule deviation.
- Additional Expenses:
- The court would also address additional expenses such as childcare, health insurance premiums, and other necessary costs associated with raising the children.
- Mina and Jin would provide information about any additional expenses they incur for the children, and the court would allocate responsibility for these expenses based on the parents’ incomes and other relevant factors. Likely the parties would have to pay their proportional share for each. For more information on proportional share, see our page, “How Do I Calculate Child Support?”
- Deviation Factors:
- If there are special circumstances warranting deviation from the standard child support calculation, such as the children’s specific needs or the parents’ financial resources, the court may consider these factors in determining the final child support amount. A common deviation is when one parent is paying child support for other children outside this marital relationship. Such deviation is called a whole family formula.
- However, absent such circumstances, the court would typically adhere to the standard calculation provided by the Washington State Child Support Schedule.
- Finalizing the Child Support Order:
- Based on the calculations and considerations outlined above, the court would issue a child support order specifying the amount of child support to be paid by one parent to the other.
- The child support order would include details such as the frequency and method of payment, any allocation of additional expenses, and any other relevant terms and conditions.
- The court’s child support order would be legally binding, and both Mina and Jin would be required to comply with its terms.
Overall, the court’s objective in calculating child support would be to ensure that the financial needs of Mina and Jin’s children are met in a fair and equitable manner, taking into account the parents’ respective incomes, parenting time arrangements, and additional expenses related to raising the children.
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