Child custody in Washington

What the law tells the judge to look at

In the order the law lists them.

1. How strong, close, and stable your child's relationship is with each parent. The judge must give this factor the most weight.RCW 26.09.187(3)(a)(i)
2. Any agreements the parents made, if they made them knowingly and voluntarily.RCW 26.09.187(3)(a)(ii)
3. What each parent has done in the past, and can do in the future, to care for the child. This includes which parent has taken more responsibility for the child's daily needs.RCW 26.09.187(3)(a)(iii)
4. Your child's emotional needs and stage of development.RCW 26.09.187(3)(a)(iv)
5. Your child's relationships with brothers and sisters and other important adults, and the child's ties to home, school, and other important activities.RCW 26.09.187(3)(a)(v)
6. What each parent wants, and what the child wants if the child is mature enough to state reasoned and independent preferences about the schedule.RCW 26.09.187(3)(a)(vi)
7. Each parent's work schedule. The judge must make the plan fit those schedules.RCW 26.09.187(3)(a)(vii)

Other things the judge considers

• The judge uses these factors only when the mandatory or discretionary limits in RCW 26.09.191 and 26.09.192 do not already decide the schedule.RCW 26.09.187(3)(a)
• Decision-making: the judge looks at any limits under RCW 26.09.191, how each parent took part in decisions in the past, whether the parents can and want to cooperate, and how far apart they live. The judge must order sole decision-making if a limit applies or both parents oppose shared decisions.RCW 26.09.187(2)
• The judge may order that a child switch between homes for short, about equal periods if that is in the child's best interest, and may consider how close the parents live.RCW 26.09.187(3)(b)
• The judge may limit a parent's time or role for things like neglect of parenting duties, long-term physical or mental impairment or substance abuse that interferes with parenting, no emotional ties with the child, abusive use of conflict, or keeping the child from the other parent for a long time without good cause. Good-faith protective actions (for example, reporting abuse or asking for a protection order) do not count as abusive use of conflict or withholding.RCW 26.09.191(3)(a), (3)(e), (4)(c)
• For a temporary parenting plan, the judge gives special weight to the child's relationship with each parent and to what will least disrupt the child's emotional stability while the case is open.RCW 26.09.197

What the judge may not consider

In a permanent plan the judge may not presume anything from what the temporary plan said. Willful abandonment does not include a parent who could not see the child because of jail, deportation, inpatient treatment, a medical emergency, fleeing to a shelter, or the other parent keeping the child (RCW 26.09.191(2)(a), (3)(h)).

Joint custody

No presumption. Washington has no presumption for or against shared custody. The law says the child's relationship with each parent should be fostered unless that is against the child's best interests. Where there is a finding of domestic violence, the law presumes sole decision-making.

The child's wishes

The judge considers the wishes of a child who is mature enough to express reasoned and independent preferences about the residential schedule. The statute sets no age.

Domestic violence

If the judge finds a parent has a history of domestic violence, an assault causing serious harm or fear of it, or any sexual assault, the judge must limit that parent's residential time. The judge must also order sole decision-making and no dispute resolution other than court. After a domestic violence finding, the law presumes sole decision-making. The judge can skip these limits only with written findings, based on clear and convincing evidence:

• For residential time, that contact will not harm the child and the risk of repeat abuse is very remote
• For decision-making, that the limits would be against the child's best interests.

The judge cannot order face-to-face mediation, or any process where the parents must share the same physical or virtual space, if there is a domestic violence finding. The same mandatory limits on residential time apply if a parent knowingly lives with a person who did these things.

Establishing paternity

How

If you are not married, the parent who gave birth and the other parent can both sign an Acknowledgment of Parentage (form DOH 422-159). Each of you signs in front of a notary or a witness. It is free if you give it to the hospital within 5 days of the birth; otherwise it costs $18 to file with the Department of Health. A filed acknowledgment works like a court order of parentage. Either signer can cancel it with a Rescission of Parentage form (DOH 422-157) within 60 days, or before the first court hearing about the child if that comes first. You can also ask a court to decide parentage with a Petition to Decide Parentage (FL Parentage 301).

Form

Acknowledgment of Parentage (DOH 422-159 (Spanish version available))

Cancellation form

Rescission of Parentage (DOH 422-157)

Agency

Washington State Department of Health, Center for Health Statistics
https://doh.wa.gov/licenses-permits-and-certificates/vital-records/parentage/acknowledgment-parentage

Changing an order

The judge can change a parenting plan only if, based on new facts or facts the court did not know before, there has been a substantial change in the child's or the other parent's circumstances and the change is needed for the child's best interest. The judge keeps the existing residential schedule unless the parents agree, the child has been living with the other parent with consent, the child's current home is harmful, or the other parent was found in contempt twice in 3 years for not following the schedule. Minor changes (for example, up to 24 full days a year) and changes to non-residential parts have easier rules. A parent's military duties alone are not a substantial change.

Law: RCW 26.09.260

If the other parent does not follow the order

If the other parent does not follow the residential schedule, you can file a motion for contempt. If the judge finds the parent did not comply in bad faith, the judge must order make-up time equal to the time you missed, court costs and attorney fees, and a civil penalty of at least $100. A second violation within 3 years means double make-up time. The judge can also jail a parent who can comply but refuses, for up to 180 days. Two contempt findings in 3 years can be a basis to change the plan. Not paying child support is not a reason to deny parenting time, and denied parenting time is not a reason to stop paying support.

Law: RCW 26.09.160, 26.09.260(2)(d)

Grandparent visitation

Yes, under Washington's 2018 nonparent visitation law. A relative (including a grandparent) can ask for visits only if they have an ongoing and substantial relationship with the child (usually at least 2 years, or half the child's life if the child is under 2) and the child would likely be harmed if visits are denied. The law presumes a fit parent's decision to deny visits is in the child's best interest. You must prove harm by clear and convincing evidence, and then that visits are in the child's best interest, using a list of factors. A visitation order does not make you a parent.

Custody by someone who is not a parent

Washington ended 'nonparental custody' cases on January 1, 2021. A relative or other adult who wants custody of a child usually asks for a minor guardianship, which can include a residential schedule. A person can also ask a court to decide they are a de facto parent under the parentage law.

Custody and visitation in the order

Yes. If you and the other person have children together, the order can include temporary residential provisions for your children, using the same rules as parenting plans. The court cannot refuse or delay a protection order because you could file for a parenting plan or already have one.

Military parents

A parent's military duties alone are not a substantial change that allows a permanent change to the plan. Time missed because of military duty is not counted as failing to use parenting time. A deployed parent can ask the court to let a family member use some of their residential time.

Law: RCW 26.09.260(1), (8)(b), (11), (12)