Custody is a legal status that describes the relationship between you and your child. In traditional married parenthood, both parents qualify as ‘custodial parents. It is only divorce or separation that changes this state of affairs; courts have to step in and regulate matters such as child custody and visitation rights.
The “best interests of the child” is a guiding principle of family law that prioritizes the child’s overall well-being in custody decisions. This includes ensuring the child’s safety, stability, and emotional health.
Courts consider the child’s relationship with each parent, the parent’s ability to provide care, the child’s home environment, and any history of domestic violence, abuse, or neglect. The child’s own wishes are not decisive but become more important as the child gets older.
Ultimately, the purpose of this standard is to encourage the child’s development and happiness, preferably through maintaining strong, positive relationships with both parents. The best interests of the parents matters, but it is secondary.
Washington State recognizes two forms of custody: physical and legal. A court might award you sole, primary, or joint custody. In extreme cases, a court might refuse to award you any custody rights at all.
You have physical custody if the child lives with you all or, most of the time, with the family court’s support. Does your child spend most nights with you? If so, then you probably have physical custody.
Legal custody refers to the right to make lifestyle decisions for the child. With legal custody, you have the right to:
This is not a complete list. There are many small decisions that only a custodial parent can make.
Depending on the circumstances, courts might distribute custody in the following manner:
These arrangements might change over time as circumstances evolve. All other things being equal, Washington state family courts prefer joint custody arrangements. It’s just that ‘all other things’ are frequently not equal.
Even a non-custodial parent almost always enjoys certain rights concerning their children. See below for details.
Typically, the non-custodial parent must pay child support to the parent with physical custody. This one-way obligation aims to reimburse the custodial parent for the inevitable expenditures they incur while raising the child and to protect the ‘best interests of the child.’
Child support is a contribution to the child’s living expenses, including housing, food, education, and other necessities. A Washington family court will refer to the Washington State Child Support Schedule to determine the exact amount. Nevertheless, a court can be flexible on this matter.
This schedule takes into account both parents’ incomes, the number of children, and other relevant factors. Meeting child support obligations can be burdensome for some parents because it’s more expensive to maintain two single households than to maintain one married household.
Except in extreme cases, the non-custodial parent has visitation rights with their children. If the custodial parent has sole physical custody, these visitation rights might not include overnight stays. Furthermore, visitation might be supervised if the situation calls for it. Other possible arrangements (among many) include weekdays for the custodial parent and weekends for the non-custodial parent.
Courts generally prefer that parents agree upon custody arrangements as long as they are consistent with the best interests of the child. If the parents cannot agree, the court might impose a visitation schedule. The situation can become particularly difficult to balance if, for example, one parent moves out of town.
Washington state courts take the following factors into consideration when determining child custody arrangements:
It is worth repeating that, ultimately, the best interests of the child take precedence over every other consideration.
The typical responsibilities of a custodial parent include:
Consider these general guidelines rather than a complete list.
The rights of a parent with physical custody typically include:
Legal custody confers additional rights, as outlined above.
Joint custody is a legal arrangement in which both parents share decision-making responsibilities and/or physical custody of their child. In joint physical custody, for example, a child might spend more or less equal time living with each parent. This can be difficult to arrange when the parents live in different school districts, however.
Likewise, the parents might share decision-making authority (legal custody). This can cause problems, too. After all, what happens if the parents disagree? In such cases, you may need to resort to mediation, arbitration, or even courtroom litigation.
In extreme cases, such as abuse or neglect, a court might take all parental rights from a parent. That means no physical custody, no legal custody, and no visitation rights. A parent with no legal rights does not necessarily even enjoy the right to news concerning the child’s well-being.
Seeking custody is not like going to court over a traffic ticket–it’s far more complicated than that. You can make a hundred different mistakes, especially if you’re trying to represent yourself. The assistance of a Seattle family lawyer is a practical necessity.
To learn more and get the help you deserve, call our child custody lawyers or reach out to Twyford Law Office online by visiting our contact us page. You can also visit our office at your nearest location.
Twyford Law Office – Seattle Office
814 Second Avenue, Suite 515,
Seattle, WA 98104
(206) 590-7085
Twyford Law Office – Spokane Office
430 W Indiana Ave,
Spokane, WA 99205.
(509) 565 8684
Twyford Law Office – Bellevue Office
1408 140th Pl NE Suite 400,
Bellevue, WA 98007
(425) 517-3350
Our Seattle Office
814 Second Avenue 515,
Seattle, WA 98104
(206) 590-7085
Our Spokane Office
430 W Indiana Ave,
Spokane, WA 99205
(509) 327 0777
Our Bellevue Office
1408 140th Place NE, Suite 400,
Bellevue, WA 98007
(425) 517 3350.
