Custody

All decisions about custody are supposed to be based on the “best interest” of the child. A custody decision, as written into a parenting plan, will decide what sort of residential parenting schedule will be in place. When deciding residential parenting time, the schedule is supposed to encourage each parent to maintain a loving, stable, and nurturing relationship with the child, consistent with the child’s developmental level and the family’s social and economic circumstances.¹

As a first step, the judge will see if any “limitations” on residential time exist.¹ For more information about these limitations, 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 these limitations do not require the judge to restrict a parent’s residential time, the judge will consider the following factors:

1. the relative strength, nature, and stability of the child’s relationship with each parent;
2. any agreements the parents have made, as long as they were made knowingly and voluntarily;
3. each parent’s past record of performing, and potential future ability to perform, parenting functions relating to the daily needs of the child, including if one parent has taken greater responsibility in doing this;
4. the emotional needs and developmental level of the child;
5. the child’s relationship with siblings and other significant adults;
6. the child’s involvement with their physical surroundings, school, or other activities;
7. each parent’s employment schedule;
8. the wishes of the parents; and
9. the wishes of a child who is mature enough to express their own preference about the residential schedule.¹ Note: The judge would likely interview the child in chambers to find out the child’s wishes.³

The judge is required to give the most significant weight to the first factor listed above.¹

¹ R.C.W. § 26.09.187(3)(a)
² R.C.W. § 26.09.210