Washington Custody

In Washington, a custody and visitation order is referred to as a parenting plan. A temporary parenting plan is used while the case is ongoing, before the final decision is made. A permanent parenting plan assigns rights and responsibilities to each parent and usually includes the specific time the child will spend with each parent, which parent will make decisions regarding the child, how disputes between the parents will be resolved, and any limits on parenting functions.¹ The goals of the parenting plan are to:

• provide for the child’s physical care;
• maintain the child’s emotional stability;
• provide for the child’s changing needs;
• set forth the responsibilities of each parent;
• minimize the child’s exposure to parental conflict;
• encourage the parents to avoid relying on judicial intervention: and
• protect the best interests of the child.²

The parenting plan will give decision-making power (authority) to one or both parents for the children’s education, health care, and religious upbringing. It will also create a residential schedule for where the child lives. However, regardless of who is given decision-making in the parenting plan, either parent may make emergency decisions affecting the health or safety of the child, and each parent may make decisions regarding the day-to-day care and control of the child while the child is residing with that parent.³

A parenting plan can be issued as part of any of the following petitions:

• Dissolution of Marriage (Divorce);
• Legal Separation;
• Establishing Parentage (Paternity);
• Modifying Custody;
• Non-Parental Custody, which is an action filed by a non-parent for custody of a child; or
• Parenting Plan, which is filed when paternity has been established, but no parenting plan was entered.

¹ R.C.W. § 26.09.004(3), (4)
² R.C.W. § 26.09.184(1)
³ R.C.W. § 26.09.184(5)(a)-(b), (6)

Willful abandonment is when a parent makes clear, either with words or by their actions, that they don’t intend to use their parental rights and responsibilities toward the child, despite being able to do so. This does not include situations where the parent cannot see the child due to circumstances, including but not limited to:

• being in jail or prison (incarceration);
• deportation;
• inpatient treatment;
• medical emergency;
• fleeing to an emergency or domestic violence shelter; or
• having the child withheld by the other parent.¹

If a parent willfully abandons their child, it may affect their ability to get decision-making power or residential parenting time.

¹ R.C.W. § 26.09.191(6)(b)

Abusive use of conflict is when a parent acts in a deliberate and continuing way to cause harm by “misusing conflict.” This can include:

• multiple violations of court orders about the child, or about protection of you or the child, in “bad faith”;
• threats of physical, emotional, or financial harm to you or other family, friends, or professionals supporting you or the child;
• intentionally using the child in a conflict; or
• abusive litigation.¹

Taking protective actions is not considered abusive use of conflict. If a parent engages in abusive use of conflict, it may affect their ability to get decision-making power or residential parenting time.

¹ R.C.W. § 26.09.191(3)(a)

There are many reasons why you might choose not to file for a parenting plan. You may decide that you don’t want to get the courts involved or you may already have an informal agreement with the other parent that works well for you. You may think that going to court will provoke the other parent to seek more time with your child and more legal rights, which you do not want him/her to have.

However, in some cases, it may be a good idea to get a court-ordered parenting plan. For example, a parenting plan may reduce conflict with the other parent because the rights and responsibilities for each parent would be stated clearly in the plan.

Getting a parenting plan can give you:

• the right to make decisions about your child;
• the right to have your child live with you.¹

It can also lay out clear guidelines on the following issues:

• with which parent the child will live;
• the amount of time the child will spend with each parent;
• which parent will make major decisions about the child; and
• how the parents will resolve major disagreements.²

A lawyer might be able to offer you advice about whether or not filing in court for a parenting plan is right for you.  To find a lawyer in your area, please see our Washington Finding a Lawyer page.

¹ R.C.W. § 26.09.184(2)
² R.C.W. § 26.09.184