Custody

All decisions about custody are supposed to be based on the “best interest” of the child.¹ A custody decision, as written into a parenting plan, will decide whether to give one parent sole decision-making authority or to give both parents mutual decision-making authority.

If the parents agree on how to divide up decision-making power over the children’s education, health care, and religious upbringing, the judge will approve this parenting plan if:

• the judge believes both parents willingly agree to it; and
• it is consistent with any “limitations” on a parent’s decision-making authority, which could be due to a parent committing domestic violence, sexual assault, or child abuse or other factors.²

For more information the limitations referenced above, which can be required (mandatory) or optional (discretionary), see our section called When the parent or someone who lives with the parent is abusive.

If the parents cannot agree on how to divide up decision-making authority in their proposed parenting plans, the judge can order sole decision-making authority to one parent if:

• both parents are opposed to mutual decision-making;
• one parent reasonably opposes mutual decision-making; or
• a limitation on the other parent’s decision-making authority is required.³

When deciding whether or not to order mutual decision-making, the judge will consider:

• the history of each parent’s participation in deciding issues about the children’s education, health care, and religious upbringing;
• whether or not the parents have shown an ability and desire to cooperate in making decisions about the children’s education, health care, and religious upbringing;
• how close the parents live to each other, to the extent that it affects their ability to make timely mutual decisions; and
• whether a limitation on either parent’s decision-making authority is required.⁴

¹ R.C.W. § 26.09.187
² R.C.W. § 26.09.187(2)(a); see R.C.W. § 26.09.184(5)(a)
³ R.C.W. § 26.09.187(2)(b)
⁴ R.C.W. § 26.09.187(2)(c); see R.C.W. § 26.09.184(5)(a)