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Strategic Approach, Optimistic Outcomes In Family Law

Washington Child Custody Lawyers

When a divorcing couple shares children, creating a workable parenting plan becomes a top priority. If you’re feeling nervous and overwhelmed at the prospect of developing a parenting plan with your soon-to-be former spouse, you’re not alone.

At Envision Family Law, our Washington child custody lawyers are well-versed in state laws and have extensive experience providing legal guidance for families as they work together to create a viable parenting plan. Our dedicated family law lawyers can guide you and your family through this transition.

Who Gets Custody Of A Child In Washington State?

Historically, courts assumed that mothers should have custody of their children after divorce. The courts today, however, understand that fathers are just as important in their children’s lives.

Furthermore, because the Supreme Court ruled for marriage equality in 2015, custody and parenting agreements can apply to families with two fathers or two mothers, each of whom are entitled to relationships with their children.

Understanding The Child Custody Options In Washington

In Washington, courts make declarations for two types of custody: legal custody and physical custody. Legal custody grants a parent the right to make decisions for the child, such as education, health care and religious instruction. Physical custody determines where a child will live on a day-to-day basis.

From there, there are two choices:

  • Joint custody: Joint custody means both parents share decision-making responsibilities and time with the child.
  • Sole custody: Sole custody gives one parent full decision-making authority and primary physical care of the child.

Usually, divorcing couples agree to joint custody, sharing in the decision-making responsibilities and making sure each parent gets time with the child. When couples work together to determine custody and parenting time based on what’s best for their unique family circumstances, they can come up with agreements that work best for them. However, in some scenarios, the court has to get involved to help determine custody.

Factors For Determining Child Custody

In general, the court aims for child custody agreements that prioritize the child’s well-being and healthy relationship with both parents.

Joint custody is ideal when both adults demonstrate an ability to share responsibility and cooperate. Also, joint custody works best if the parents live relatively close to one another. However, a child’s well-being always comes first. When making custody decisions, the courts will consider the following:

  • Each parent’s stability as an individual and in terms of caring for the child
  • The quality of each parent’s existing relationships with a child (and other siblings)
  • Which parent historically took on most of the daily child care responsibilities
  • A child’s emotional needs and development
  • A child’s relationship with siblings and other significant adults and their involvement with their physical surroundings, school and other activities
  • Existing custody agreements
  • School and employment schedules
  • The wishes of the parents and the child

An experienced child custody lawyer will help you to address these items in writing, focusing on your stability and capability. Even with the best demonstration of your ability to parent, working through child custody issues can be difficult, especially in a contested divorce. When you work with an experienced child custody lawyer, you will have someone on your team who understands the law and how to best present your case to the court.

Reasons Washington Courts May View A Parent As Unfit

Courts generally prefer not to restrict a parent’s access to a child, as it infringes on the parent-child relationship and bond. But the first priority is always the best interests of the child. When a parent is unfit for their parenting duties, courts may limit a parent’s custody and access to a child. Reasons a parent might be deemed unfit can include:

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

Proving that a parent is unfit is not easy. An experienced child custody lawyer who understands Washington custody and parenting laws can help you assess the facts of your particular situation.

How Can A History Of Domestic Abuse Affect Custody?

A history of domestic abuse can significantly impact custody decisions in Washington. Courts prioritize the safety and well-being of the child. If there is evidence of abuse, the court may limit the abusive parent’s custody, parenting time or visitation rights in order to protect the child. This can include supervised visitation or restricted contact. We understand that these can be sensitive issues in the child custody process. If your family circumstances include allegations of abuse or a history of domestic violence, our experienced child custody lawyers can help you work through these sensitive issues.

Does Washington Favor Mothers In Custody Cases?

Washington courts make custody decisions based on the child’s best interests, regardless of parental gender. When determining custody, judges evaluate each parent’s ability to provide care and support. Fathers’ rights are protected equally under state law, focusing on parental involvement and capability rather than gender.

Do Washington Courts Consider Sibling Relationships When Determining Custody?

Yes, Washington courts prioritize maintaining sibling relationships in custody decisions. When evaluating arrangements in Seattle, Tacoma, Bellevue and Everett, judges consider:

  • Strength of sibling bonds
  • Impact of potential separation
  • The practicality of maintaining contact
  • Special circumstances (age differences, special needs)

Our attorneys help create custody arrangements that protect these important family relationships.

Can A Noncustodial Parent Claim Their Child On Taxes?

The ability to claim a child as a dependent on taxes typically depends on the custody agreement and IRS regulations. Generally, the custodial parent (where the child lives for the majority of the year) has the right to claim the child as a dependent. However, this right can be transferred to the noncustodial parent through Form 8332. Key considerations include:

  • The number of nights the child spends with each parent.
  • Written agreements regarding tax benefits.
  • Multiple child situations and alternating year arrangements.
  • Requirements for child tax credits and dependent care expenses.

Our family law attorneys can help you understand your tax rights and negotiate favorable arrangements that comply with both state and federal regulations.

Parenting Plan Modifications: How To Change A Visitation Schedule

Courts won’t generally modify parenting plans unless the petitioning parent can prove adequate cause. If circumstances with the nonmoving parent have changed in a way that risks the child’s best interests, a child custody attorney may be able to help change custody or visitation arrangements.

The four legal standards for seeking a modification to change a parenting plan include:

  • The parents agree to the modification.
  • The child has been integrated into the family of the requesting parent with the consent of the other parent in substantial deviation from the parenting plan.
  • The child’s present environment is detrimental to the child’s physical, mental or emotional health, and the harm likely to be caused by a change of environment is outweighed by the advantage of a change to the child.
  • The court has found the nonmoving parent in 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 custodial interference in the first or second degree.

Because filing for modification is no easy feat and the burden of proof is on the petitioning party, the petitioning party should have all facts and supportive evidence before the first hearing. In addition, you should seek the help of a child custody lawyer who has handled this kind of case before and knows how to guide you with knowledge, compassion and respect.

If you are served with a modification, respond in a timely manner and have all of your refutable facts ready to go, so the modification is more likely to be dismissed at the first hearing.

Minor Guardianships (Nonpaternal Custody Actions)

Washington state’s guardianship law is now known as the Uniform Guardianship Act (UGA). Under this 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 is true:

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

In determining whether the parents are prepared to exercise their parenting functions, the court will weigh their ability to provide:

  • A loving, stable, consistent and nurturing relationship
  • For daily needs, such as food, clothes, grooming, supervision, health care and day care
  • Developmentally appropriate activities
  • Adequate education
  • Assistance in developing and maintaining appropriate interpersonal relationships
  • Appropriate judgment regarding welfare of the child’s developmental level and the family’s social and economic circumstances
  • Financial support

No matter what legal challenges your family might be facing, our Washington family lawyers at Envision Family Law, understand how much you care about your children and want to be present in their lives. Working with our child custody attorneys is one of the best things you can do to ensure their well-being.

We will assess whether you have a basis to petition the court for full custody or a minor guardianship. We can also help determine the best course of action to defend against this type of petition.

Minor Guardianships

Serving Families Throughout Western Washington

Understanding how child custody is determined is crucial for parents navigating the legal system. Whether you’re seeking a child custody lawyer in Seattle, exploring Bellevue child custody options or need assistance with child custody in Tacoma, our experienced team is here to help. We also proudly serve parents seeking fathers’ rights guidance and those needing an Everett child custody attorney. Visit any of our conveniently located offices:

No matter where you are in Western Washington, our dedicated team of custody attorneys is committed to protecting your parental rights and ensuring the best possible outcome for your children.

Contact Us To Speak With An Experienced Washington Child Custody Attorney

To speak with an Envision Family Law child custody lawyer, call or text today at 888-786-8628, or use the easy contact form on our website. We’ll get you set up with an in-person or virtual consultation right away.