Everett Child Custody Lawyers

Last updated on January 27, 2025

Child custody is the top priority of any parent. No matter what type of case you may have in Washington – divorce, unmarried parents or LGBTQ relationship – getting a knowledgeable child custody lawyer in Everett should be on top of your priorities. Our child custody attorneys at Envision Family Law in Everett will be there to make sure your best interests and priorities are taken care of.

What To Know About Filing A Child Custody Case In Everett, Washington

There are many ways in which a case for child custody is filed. This section provides a general overview that applies to all types of cases.

How do parents get child custody?

Whether you are the mother or father, the court will use the following guidelines to determine custody:

The most important factor is each parent’s relative strength, nature, and stability of the relationship with your child(ren), including which parent has taken greater responsibility for performing parenting functions relating to the daily needs of your child(ren).

• Any agreements between the parents.
• Each parent’s past and potential for future performance of parenting functions.
• Your child(ren)’s emotional needs and development.
• Your child(ren)’s relationship with siblings and other significant adults, and involvement in his or her physical surroundings, school, and other activities.
• Wishes of the parents and the child(ren).
• Each parent’s employment schedule.

For each item in the above list, develop a written explanation of how that item applies to you. Again, the court places the most weight on the first factor. This explanation can be used as a starting point in developing reasons to convince the court that you should be awarded primary custody of your child(ren).

Note: Joint custody is possible if both parents agree or have a shared history of cooperation and performance of parenting functions and live in reasonable proximity to one another.

Who gets custody of a child?

If one parent obtains custody, the other parent is generally entitled to visitation or residential time. The number of visits varies depending on the age of the child(ren) and the particular circumstances. However, a general rule of thumb is the non-custodial parent will have the child(ren) every other weekend from Friday evening until Sunday evening and have the child(ren) for a midweek overnight every week. (1)

Additionally, if you have been living in separate households for quite a while without a parenting plan in place, the Court may look at what the visitation schedule has been prior to establishing a parenting plan. There are pros and cons to this, depending on each person’s situation.

Is sole custody possible?

In the current state of law, the Washington legal system makes the best interest of the child its top priority, with no presumption of sole custody being awarded to one parent or the parents splitting equal custody. However, most of the time each parent receives regular custody or visitation time. Also, parents usually split legal custody, which is the right to make important decisions about the children’s upbringing. Even if you’re not able to get sole custody of your child our child custody lawyers may be able to help you limit visitation rights to the other parent.

In certain circumstances, a parent may request that the court substantially limit the other parent’s visitation with the children, or request that the other parent has no visitation at all. This request can be for permanent or temporary limitations that are lifted once treatment recommendations or steps outlined by the court are completed. The parent must be deemed an unfit parent and the other parent must be able to prove it to the court. Below are some of the reasons a court may limit residential time:

• Child abuse (emotional, physical, sexual)
• Drug abuse
• Criminal history
• History of acts of domestic violence
• Willful abandonment
• Mental health
• Unsafe environment

In general, Washington state courts do not like to restrict a parent’s visitation unless it is necessary to protect the child(ren) because it infringes on the parent-child relationship and bond. Therefore, the court often orders supervised visitation as a limitation so that children are safe but can continue contact with the parent. A supervisor can be an agreed-upon third party or a paid professional.

There are many avenues in which to propose limitations. Always consult with a lawyer on the best route, as you want to ensure children are safe, but that the restrictions are appropriate.

In general, don’t charge your spouse with being unfit unless you can prove it. Judges are not impressed with unfounded allegations; they can do more harm than good for your case.

Custody Modifications

Parenting plans finalized by the Washington state court are meant to be permanent. Therefore, modifying a parenting plan in the future can be difficult. The parent requesting modification must first be able to prove there is “adequate cause” to proceed with their request. The court will not approve a parenting plan modification unless it finds a substantial change has occurred in the circumstances of the child(ren) or the nonmoving party and that the modification is in the best interest of the child and is necessary.

How can you change a child’s visitation schedule?

The following are the four legal standards by which a parenting plan can be changed:

• The parents decide on a modification for themselves.
• The child has already been integrated into the family of the requesting parent, substantially deviating from the current parenting plan but with the other parent’s consent.
• The present environment is harmful to the child’s physical, mental, or emotional health, and any possible harm caused by a change of environment is outweighed by the benefits.
• The nonmoving parent has been found guilty of contempt of court at least twice within three years because the parent failed to comply with the residential time provisions in the court-ordered parenting plan, or the parent has been convicted of first- or second-degree custodial interference.

Because filing for modification is no easy feat and the burden of proof is on the petitioning party, the petitioning party will generally want to ensure they have all facts and supportive evidence before the first hearing. You want to make sure your petition/request is ironclad, so to speak, with the essential key facts.

In the event you are served with a modification, you will want to respond in a timely manner and have all of your refutable facts ready to go so the modification is dismissed at the first hearing.

Minor Guardianships Or Nonpaternal Custody Actions

Washington state’s guardianship law has been transformed into what is now known as the Uniform Guardianship Act (UGA). Effective Jan. 1, 2021, the UGA repealed RCW 26.10 (non-paternal custody law) and replaced this law with RCW 11.130. RCW 11.130 implements new provisions related to guardianships or protective arrangements for minors.

Under the new law, the court may appoint a guardian for a minor if the court finds the appointment is in the minor’s best interest, and at least one of the following:

• Both parents’ consent, after being fully informed of the nature and consequences of guardianship
• All parental rights have been terminated, or the court finds by clear and convincing evidence the parents are unwilling or unable to exercise their parenting functions as defined by RCW 26.09.004.

In determining whether or not the parents are unwilling or unable to exercise their parenting functions, the court will weigh the parents’ ability to perform the following:

• Maintaining a loving, stable, consistent, and nurturing relationship with the child
• Attending to the daily needs of the child, such as feeding, clothing, physical care and grooming, supervision, health care and day care, and engaging in other activities that are appropriate to the developmental level of the child and that are within the social and economic circumstances of the particular family
• Attending to adequate education for the child, including remedial or other education essential to the best interests of the child
• Assisting the child in developing and maintaining appropriate interpersonal relationships
• Exercising appropriate judgment regarding the child’s welfare, consistent with the child’s developmental level and the family’s social and economic circumstances
• Providing for the financial support of the child

Minor guardianship cases require the court to appoint a guardian ad litem who will investigate the contested issues in your case and file a report to the court regarding his/her ultimate recommendations. Given the strong parental rights afforded to parents under the constitution, the court will thoroughly scrutinize the facts in your case while weighing the rights of parents and the best interests of minors.

Does My Child Custody Matter Need To Go To Court?

When it comes to setting up a parenting plan, a trial is always a possibility but usually a last resort. Most parents settle out of court in private negotiations or using tools like family law mediation. When possible, this saves everyone involved time and money. However, a trial can be the best way of protecting your children and your parental rights in some cases, such as when one parent refuses to negotiate in good faith.

What Courts Handle Child Custody Matters In Snohomish County, Washington?

The Snohomish County Superior Court, which is where family law cases like child custody disputes are handled, is located at 3000 Rockefeller Ave. M/S 502 in Everett. This court has jurisdiction if the child is domiciled or present in Snohomish County at the time of filing. You can learn more about the courthouse’s services here.

Find Out How We Help Parents In Everett

This decision is often difficult, but necessary in cases when the welfare of a minor is in peril. Do not hesitate to contact our office and consult with one of our highly experienced Everett child custody attorneys. We will assess whether you have a basis to petition the court for a minor guardianship or the best course of action to defend against this type of petition. We are ready to help; please contact us today for a case evaluation at 888-786-8628.