Over the decades, families have changed significantly in structure and makeup. Family law has, at times, struggled to keep up. In just the last ten years, gay marriage was nationally legalized, trans rights have become a major focus and adoption and fertility practices have come under scrutiny. The changes in society always outpace legislation in some ways, but laws in Washington are broadly applicable and can accommodate many of the newer struggles facing families.
Washington state custody laws for unmarried parents
The single most fundamental change in families is how often unmarried couples choose to have children. Most states worded child custody laws around marriages, legal separation and divorce. However, couples without that relationship history are different in fundamental ways, but statutorily, the laws can still apply in such situations as:
- Paternity questions
- Residential schedule
- Vacations
- Child support
- Relocations
- visitation rights
- joint custody
- Modifications
In fact, in support or permanent parenting plan discussion, marriage or parental relationship statuses are beyond the scope of the discussion. The primary focus in these discussions is always the best interests of the child.
Special concerns for non-parent custody situations
Unmarried parents, while the fastest growing segment, aren’t the only group with serious custody concerns around parental rights. Grandparents, aunts, uncles, siblings and all levels of relations are often primary caregivers for children. The laws regarding these situations are complicated, and in Washington, they’re part of the minor guardianship laws.
Gaining and maintaining guardianship of a minor in Washington State is not an easy thing to do. However, there are many legal mechanisms that you can rely on that may make your relationship more secure under the legal realities.
Your family deserves legal help with empathy.
As the law sometimes is not able to make changes or adapt to arising situations, you deserve to have a family law attorney who will advocate for you no matter what. Courts have significant authority to apply the law in novel ways, but that can only happen if your legal team is ready and willing to make the case.