When going through a divorce or separation with children, developing a parenting plan with the help of an experienced Seattle child custody lawyer is among the most important parts of the process. Parents need to ensure that their children’s needs will be met after their divorce or separation, and they need to ensure that they will be able to meet their parenting obligations on an ongoing basis.
They also need to ensure that their parenting plan complies with Washington law.
Similar to other states, Washington requires that all custody-related decisions reflect the “best interests” of the children involved. While Washington law gives parents a certain amount of flexibility to decide what is in their children’s best interests, the process of developing a parenting plan must ultimately focus on the state’s “best interests” factors. These are the factors that judges consider when establishing child custody rights in court—so these are the factors that divorcing and separating parents need to consider when establishing a parenting plan out of court as well.
What Are Washington’s “Best Interests” Factors for Child Custody?
As a preliminary matter, it is important to note that Washington law does not inherently favor either parent when it comes to establishing child custody rights during a divorce or separation. Instead, the law states that, “[t]he state recognizes the fundamental importance of the parent-child relationship to the welfare of the child, and that the relationship between the child and each parent should be fostered unless inconsistent with the child’s best interests.” It also states that:
- “The best interests of the child are served by a parenting arrangement that best maintains a child’s emotional growth, health, and stability, and physical care;” and,
- “[T]he best interest of the child is ordinarily served when the existing pattern of interaction between a parent and child is altered only to the extent necessitated by the changed relationship of the parents . . . .”
It is also important to note that there are two distinct aspects to child custody under Washington law—legal custody and physical custody. Legal custody refers to a parent’s decision-making authority with respect to their children, while physical custody refers to parenting time after a separation or divorce.
Regarding legal custody, Washington law focuses on four primary factors: (i) any history of abandonment, domestic violence or abuse; (ii) each parent’s historical participation in child-related decision-making; (iii) whether the parents have “a demonstrated ability and desire to cooperate with one another;” and, (iv) the parents’ geographical proximity, “to the extent that it affects their ability to make timely mutual decisions.” Regarding physical custody, the following factors can all potentially play a role in determining what is in a child’s “best interests” under the circumstances at hand:
- The “strength, nature, and stability” of the child’s relationship with each of his or her parents;
- Any agreement between the parents regarding post-divorce or post-separation parenting time;
- Each parent’s “past and potential for future performance of parenting functions;”
- Whether either parent has previously assumed greater responsibility for parenting functions;
- The child’s emotional needs and current stage of development;
- The child’s relationships with siblings and “significant adults” other than his or her parents;
- The child’s involvement in school and other activities;
- Each parent’s employment schedule;
- Each parent’s wishes; and,
- The child’s wishes if he or she is “sufficiently mature to express reasoned and independent preferences as to his or her residential schedule.”
While each of these factors can carry more or less weight depending on a family’s specific circumstances, the law makes clear that the first factor—the “strength, nature, and stability” of the child’s relationship with each parent—is to be given “the greatest weight.” With that said, there isn’t a precise way to measure the “strength, nature and stability” of a parent-child relationship, and it will often make sense for divorcing or separating parents to acknowledge that they are starting on a level playing field. This is especially true when working to develop an agreed-upon post-divorce or post-separation parenting plan out of court.
Applying Washington’s “Best Interests” Factors to Your Separation or Divorce
When going through a divorce or separation in Washington, giving due consideration to the state’s “best interests” factors is mandatory. With that said, there is no single “right” way to address parenting time during the divorce or separation process.
Instead, as long as parents put their children’s best interests first, they are generally free to develop any type of post-divorce or post-separation parenting arrangement that works for them. This includes, but is by no means limited to, common parenting arrangements such as:
- Equal parenting time;
- Unequal parenting time with a “primary residential parent;” and,
- Co-parenting arrangements where both parents continue to jointly participate in their children’s lives.
Regardless of which option parents choose, the key is to develop a comprehensive parenting plan that addresses all pertinent considerations. This includes not only the regular daily or weekly schedule, but also things like birthdays, holidays, vacations, chores, screen time, driving, and potential conflicts. Generally speaking, the more effort parents put into developing their post-divorce or post-separation parenting plan, the better it will be—and the less likely they will be to face conflicts down the line.
What if you and your spouse or partner cannot agree on what is best for your children? Even during amicable breakups, it is common for differences of opinion to arise. When this happens, the key is to take a rational and reasonable approach that is rooted in Washington’s best interests factors. Even contentious disputes can be resolved amicably in many cases, and an experienced Seattle child custody lawyer will be able to help you consider options for finding a way forward without going to court.
Schedule a Consultation with a Seattle Child Custody Lawyer Today
Do you need to know more about Washington’s “best interests” factors for determining child custody in a divorce or separation? If so, we invite you to get in touch. To schedule a consultation with an experienced Seattle child custody lawyer, please call 206-784-3049 or inquire online today.