Our Seattle Child Custody Lawyer Answers Your Frequently Asked Questions
How is visitation different from custody? And will our child custody lawyer include both in the parenting plan?
The terminology can be somewhat confusing. Traditionally, spouses with children would negotiate who would get primary custody of the children (i.e., who the children would live with most of the time). The non-custodial parent would then negotiate visitation. Often however, parents try to establish an arrangement that is closer to 50/50. As a result, the terms “custody” and “visitation” are somewhat outdated and now we often just refer to parenting time. Parenting time for both parents will be addressed in detail in the plan.
Can I get sole custody or full custody of my children?
Modern divorce law focuses on the child’s best interests with a presumption that it is beneficial for them to have relationships with both parents. As a result, it is relatively rare for one parent to be granted sole custody of the child. However, it is possible in cases where the child’s health, safety, or welfare is in danger, although even then the non-custodial parent may be granted limited supervised visitation. If you think your children are at risk of harm, you should speak to a Seattle child custody attorney at Seattle Divorce Services before finalizing your parenting plan.
How can I get the other parent to cooperate with me?
Parenting goes much smoother when both parents are able to work cooperatively with each other. This starts with cooperating on working out the parenting plan. To get cooperation from the other parent, you have to start by offering it yourself. Starting the case out with a declaration about the other parent’s faults, accusing them of various things to get the advantage, is not a good way to begin if you can avoid it. When you attack, the other person naturally becomes defensive, and any potential for cooperation shrivels.
Instead, you might start out by letting the other parent know you hope to work out parenting arrangements cooperatively and that you value their parenting skills and want the children to be close to both of you. If you do have differences in parenting philosophies or styles, acknowledge those differences without characterizing them as right or wrong. Just make it clear that those differences are things the two of you are going to need to discuss to come up with a plan that will work best for your children. It can be helpful to recognize that the two households may be different, even have different rules, but that such differences can work best when you both support each other in your differences.
The other parent won’t follow our agreed-upon custody arrangement. What do I do?
You have four options if the other parent regularly violates your parenting plan:
- Take no action
- Hire a custody attorney to issue a demand letter
- File a motion for modification of the plan
- File a motion for contempt
The best thing you can do is speak with a child custody law firm to understand your options, as each option has advantages and disadvantages depending on your specific situation.
I plan to relocate out of state. How will this affect custody?
A 50/50 custody arrangement will most likely be impossible. Most custody arrangements involving an out-of-state parent usually entail one parent having custody during the school year and the other parent having custody during summer break. The parents then negotiate who will have custody during holidays such as Christmas, Easter, and Thanksgiving or spring and winter breaks. If your relocation isn’t yet definite, you should alert the other parent to this possibility but negotiate the parenting plan that works best for the foreseeable future. An attorney can help you navigate the complexities of this situation.
The other parent is moving away and wants to have primary custody. What do I do?
This can be a complicated situation because one parent will end up with less time weekly than the other parent. In these situations, getting a resolution will likely require a court hearing. The court will hear evidence regarding your child’s schooling, social environment, sports and other activities, and other relationships your child may have in the area. In general, the court will evaluate what would be in the best interests of your child. We strongly recommend consulting with a Seattle child custody attorney at our office to ensure that both your parental rights and your child’s interests are protected.
When does the Court appoint an investigator?
When parents have having trouble agreeing on child custody parenting arrangements, the court will often appoint a parenting evaluator or Guardian ad Litem for the children (the two roles are very similar). The person appointed will perform an investigation and submit a report. The investigator may:
- review the court records
- talking to both parents
- talking to people who know the parents
- interviewing the child
- checking with school personnel
- have psychological testing done when appropriate.
They do not have final decision-making power, but their recommendations are taken very seriously by the court. If there is a court appointed investigator appointed in your case, it is very important that you cooperate with them fully.
Contact a Seattle Custody Attorney Today
If you have questions about child custody, please reach out to our firm today. Our attorneys can provide the answers you need and help you make the best decision for you and your family.