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)