Custody

Depending on the details of the case, an abusive parent may have residential parenting time limited by “mandatory limitations” or “discretionary limitations.” This means that in some cases it is required (mandatory) for the judge to limit the time, while in others it is up to the judge to decide whether a limitation is appropriate (discretionary). To see what limitations the judge can apply in either situation, see What are the limitations a judge can place on the abusive parent’s contact with my child?

When limitations are mandatory

If the judge believes that the abusive parent has done any of the following, the abusive parent’s residential time with the child must be limited:

1. willfully abandoned the child for an extended period of time;
2. committed physical abuse or a pattern of emotional abuse against a child;
3. has a history of committing acts of domestic violence against anyone;
4. committed an assault that caused or threatened serious (grievous) physical injury;  
5. sexually assaulted anyone;¹ or
6. was convicted of a sex offense as follows:
   
   1. if they were convicted as an adult of a sex offense against a child, either in Washington or anywhere else, the judge has to assume that the parent is a danger to the child and cannot allow contact between the parent and child unless the parent can convince the judge otherwise;² or
   2. if they were designated a sexual predator, the judge cannot allow contact with the child.³

If the abusive parent sexually abused your child specifically, see If the abusive parent sexually abused my child, will the judge allow contact?

When limitations are discretionary

If any of the following apply to the abusive parent, the judge may limit their residential time with the child, but it’s not required:

1. the parent:
   
   1. neglects or substantially does not perform parenting functions;
   2. endangers the child’s psychological development through abusive use of conflict;
   3. withheld the child from the other parent without a good reason for a sustained period of time; Note: This does not include protective actions you may take to protect yourself or the child from the abusive parent;
2. a long-term impairment that is emotional, physical, or caused by substance abuse interferes with the parent’s performance of parenting functions;
3. the child lacks an emotional tie with the parent, or the emotional tie is significantly damaged; or
4. there are other factors or acts that the judge believes are against the child’s best interests.⁴

¹ R.C.W. § 26.09.191(4)(a)
² R.C.W. § 26.09.0001(2)(a)
³ R.C.W. § 26.09.0001(1)
⁴ R.C.W. § 26.09.191(4)(c)