Frequently Asked Questions About Custody in Washington

Child custody is one of the most critical aspects of a divorce or separation. For parents in Washington, understanding custody laws can help ease the stress of navigating legal challenges and ensure that they make the best decisions for their child’s future.

This guide answers 10 common questions about child custody in Washington, using relevant laws, statistics, and expert insights to provide clarity on this complex topic.

1. What Are The Different Types Of Custody In Washington?

In Washington, the term “custody” is legally referred to as a parenting plan. Unlike some states that distinguish between sole and joint custody, Washington courts focus on decision-making authority, the child’s residential schedule, and conflict resolution methods in a parenting plan.

A parenting plan will determine:

• Decision-making authority: Whether one or both parents can make major decisions about the child’s healthcare, education, and religious upbringing.
• Residential schedule: Where the child will live and how much time they spend with each parent.
• Dispute resolution: How parents will resolve future conflicts about the child’s upbringing.

Washington law generally presumes that both parents should be involved in their child’s life unless there are circumstances—such as abuse or neglect—that make shared decision-making harmful to the child.

2. How Do Washington Courts Decide Custody?

Washington courts prioritize the best interests of the child when making custody determinations. Judges evaluate several factors, including:

• The strength and stability of the child’s relationship with each parent.
• The ability of each parent to provide a safe and loving environment.
• The child’s developmental and emotional needs.
• Any history of domestic violence, abuse, or neglect.
• The child’s preferences, if they are mature enough to express a well-reasoned opinion.

While the court may consider a child’s wishes, the final decision is always based on what is best for the child’s long-term well-being.

3. Can A Child Decide Which Parent To Live With?

There is no set age at which a child can decide where to live in Washington. However, the court may take the child’s preference into account if the child is mature enough to express a well-reasoned choice.

That said, a child’s preference alone does not determine custody. Judges weigh their preferences alongside other factors, such as the stability of each home, the child’s needs, and whether one parent has been the primary caregiver.

4. What Happens If Parents Cannot Agree On Custody?

If parents cannot reach an agreement on a parenting plan, they must first attempt mediation before going to trial. Mediation is a confidential process where a neutral third party helps parents work toward a custody arrangement without court intervention.

If mediation is unsuccessful, the case will go before a judge, who will decide based on the best interests of the child. The court may appoint a Guardian ad Litem (GAL) or custody evaluator to assess the situation and provide recommendations.

5. Can A Washington Custody Order Be Modified?

Yes, but modifying a custody order in Washington is not easy. Courts require a substantial change in circumstances that directly affects the child’s well-being.

Common reasons for modifying custody include:

• A parent relocating to a different state.
• Changes in the child’s needs warrant a new custody arrangement.
• Evidence of abuse, neglect, or substance abuse by one parent.

The court does not grant modifications simply because one parent is unhappy with the current arrangement. Instead, they require compelling proof that a change is necessary for the child’s best interests.

5. Can A Washington Custody Order Be Modified?

Yes, but modifying a custody order in Washington is not easy. Courts require a substantial change in circumstances that directly affects the child’s well-being.

Common reasons for modifying custody include:

• A parent relocating to a different state.
• Changes in the child’s needs warrant a new custody arrangement.
• Evidence of abuse, neglect, or substance abuse by one parent.

The court does not grant modifications simply because one parent is unhappy with the current arrangement. Instead, they require compelling proof that a change is necessary for the child’s best interests.

6. What Are The Rules About Relocating With A Child?

A parent who wants to move with a child must provide written notice to the other parent at least 60 days in advance (RCW 26.09.440). The non-moving parent then has the right to file an objection with the court.

If the move significantly impacts the current custody arrangement, the court will consider several factors, including:

• The reason for the move (e.g., job relocation, family support).
• The impact on the child’s relationship with the other parent.
• Whether a revised parenting schedule can maintain meaningful contact with both parents.

A parent cannot simply move with the child without following legal procedures—doing so could result in serious legal consequences.

7. What Happens If a Parent Violates a Custody Order?

If a parent fails to follow a court-ordered parenting plan, the other parent can file a motion for contempt. Possible penalties include:

• Make-up parenting time.
• Fines or financial penalties.
• Modification of the custody arrangement.

In extreme cases, a parent who willfully disregards a custody order may face criminal charges for custodial interference (RCW 9A.40.060).

8. Do Grandparents Have Custody Or Visitation Rights?

Under Washington law, grandparents can seek visitation or even custody, but only under limited circumstances. They must prove that:

• The child has a strong, established relationship with them.
• Visitation is in the child’s best interests.
• Denying visitation would cause harm to the child’s well-being.

However, parental rights take priority, and courts rarely override a parent’s decision regarding grandparent visitation.

9. Can Unmarried Fathers Get Custody?

Yes, but paternity must be legally established first. In Washington, an unmarried father does not have automatic custody rights until he is legally recognized as the child’s father.

A father can establish paternity by:

1. Signing a Voluntary Acknowledgment of Paternity.

2. Filing a paternity action in court and obtaining a DNA test if necessary.

Once paternity is confirmed, an unmarried father has the same rights as a married father to seek custody, visitation, and decision-making authority.

Conclusion

Child custody laws in Washington can be complex, but understanding your rights is the first step toward making informed decisions. Whether you’re negotiating a parenting plan, seeking a modification, or dealing with a custody dispute, having the right legal support can make all the difference.

Still have questions? Consider speaking with a family law attorney to explore your options.

How Modern Family Law Can Help

Navigating custody issues can be overwhelming, but you don’t have to go through it alone. At Modern Family Law, our experienced family law attorneys provide personalized guidance on parenting plans, custody modifications, and relocation cases.

If you need legal help, contact Modern Family Law today to schedule a consultation and get answers to your questions.