Custodia

If mandatory or discretionary limitations apply to both parents, the judge can compare the risk each parent poses to the child. The judge must include a detailed written explanation in the custody order of this risk and any limitations the judge is deciding to impose on either parent.¹

If a discretionary limitation applies to one parent while a mandatory limitation applies to the other, the mandatory limitations have priority when the judge is deciding on the residential schedule, decision making, and dispute resolution.² 

In any of these situations, the judge must consider the child’s best interest and which parenting arrangement will best maintain the child’s physical care, emotional growth, health, and stability. The law assumes that the child’s best interest is to change the existing parental contact only as much as needed:

• based on a change in the relationship between the parents; or
• to protect the child from physical, mental, or emotional harm.³

¹ R.C.W. § 26.09.191(7)(a), (c)
² R.C.W. § 26.09.191(7)(b)
³ R.C.W. § 26.09.191(7)(d)