Child Custody in Washington State - An Overview

Determining child custody in Washington State is one of the most important aspects of family law for parents going through a separation or divorce. The information on this page is designed to provide you with a comprehensive overview of the subject. If you have questions or are seeking professional legal guidance, contact one of our experienced Washington State child custody lawyers for a free consultation.

• What is “custody?”

Custody refers to both the legal authority to make decisions about a child’s upbringing and the physical custody or living arrangements of the child.

• Is Washington a mother or a father state?

Washington law does not favor one parent over the other based on gender; instead, courts focus on the best interests of the child, considering factors such as each parent’s relationship with the child, their ability to provide a stable home environment, and any history of domestic violence or substance abuse. In many cases, courts encourage shared parenting arrangements to ensure that the child maintains strong relationships with both parents whenever possible.

• What is a parenting plan?

A parenting plan is a legally binding document that outlines how custody and visitation will be structured between parents. In Washington, a parenting plan must be submitted as part of any divorce or legal separation involving minor children, detailing where the child will live, how major decisions will be made, and how disputes between parents will be resolved. If parents can agree on a plan, they may submit it jointly to the court for approval. If they cannot agree, the court will determine a parenting plan based on what best supports the child’s well-being. By establishing clear expectations, a parenting plan provides stability and helps prevent future conflicts between parents regarding custody and visitation.

Washington law outlines parenting plan details in Statute RCW 26.09.187 - Criteria for establishing permanent parenting plan. If you’re faced with the reality of going through a divorce, you are likely asking questions that include:

• How is child custody determined in Washington State?
• Is Washington State a 50/50 custody state?
• What is the difference between legal custody and physical custody?
• Which parent makes decisions on behalf of the children?

By examining the appropriate sections of RCW 26.09.187, you will better understand how the law may apply to your situation.

Answers to the above questions begin by addressing how the parenting plan is crafted. The courts prefer divorcing couples to work in harmony when addressing child custody issues, as this is in the best interests of the children.

Consider Section (2) (c) MUTUAL DECISION-MAKING AUTHORITY, which states;

“Except as provided in (a) and (b) of this subsection, the court shall consider the following criteria in allocating decision-making authority:

(i) The existence of a limitation under RCW 26.09.191;

(ii) The history of participation of each parent in decision making in each of the areas in RCW 26.09.184(5)(a);

(iii) Whether the parents have a demonstrated ability and desire to cooperate with one another in decision making in each of the areas in RCW 26.09.184(5)(a); and

(iv) The parents' geographic proximity to one another, to the extent that it affects their ability to make timely mutual decisions.”

As you can see, the courts take many factors into consideration when determining which parent has decision-making authority. It’s important to note that physical custody is the day-to-day care of a child, while legal custody is the right to make decisions about the child's life.

Your child custody attorney will urge you to work with your former partner in a spirit of cooperation. We understand that this may not be easy, especially if they refuse to do the same. However, the law is clear when it states in Section (3) (a) that “The court shall make residential provisions for each child which 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.”

If you would like to learn more comprehensive information about parenting plans, including how to modify existing plans, this public resource from Washington Law Help is a good place to start. For more general information that you will undoubtedly find useful, take a few moments to look through the resources on this page.

In Washington State, there is no specific age at which a child can unilaterally decide which parent they want to live with. However, the court may consider the child's wishes as one of many factors in a custody decision, particularly if the child is mature enough to express a well-reasoned preference. While a judge is not bound by a child’s request, the older and more mature the child, the more weight their opinion may carry in determining residential placement.

Courts will always prioritize the “best interests of the child,” ensuring that their choice aligns with their overall well-being and stability.

Statute: RCW 26.09.187
“The court may take into account the wishes of a child who is sufficiently mature to express reasoned and independent preferences as to his or her residential schedule.”
More Information: WashingtonLawHelp – Parenting Plans

Yes, Washington law supports joint custody when it serves the best interests of the child, and fathers have equal rights to seek 50/50 custody. Courts do not favor one parent over the other based on gender, and both parents are presumed to have the ability to provide a stable and nurturing environment for their child.

However, achieving equal parenting time often depends on factors such as each parent’s work schedule, living situation, and past involvement in the child’s life. Fathers who seek 50/50 custody should be prepared to demonstrate their commitment to co-parenting and maintaining a positive, structured environment for their child.

Statute: RCW 26.09.187
“The court shall make residential provisions for each child which encourage each parent to maintain a loving, stable, and nurturing relationship with the child.”
More Information: Washington Courts – Parenting Plans and Custody

Modifying a parenting plan in Washington requires proving that a substantial change in circumstances has occurred since the original plan was established. Common reasons for modification include a parent relocating, changes in the child’s needs, one parent failing to follow the agreement, or concerns about the child’s safety.

Courts will only grant modifications if they determine the changes will benefit the child's emotional, educational, and physical well-being. Minor adjustments, such as slight changes in visitation schedules, may be easier to modify, while major changes, such as a shift in primary custody, require compelling evidence.

Statute: RCW 26.09.260
“The court shall not modify a prior custody decree unless it finds that a substantial change has occurred in the circumstances of the child or the custodial parent.”
More Information: WashingtonLawHelp – Modifying a Parenting Plan

When determining custody, Washington courts assess several key factors to ensure decisions are made in the child's best interests. These include:

• Each parent’s emotional bond with the child
• The ability of each parent to provide a stable home environment
• The child’s adjustment to their home, school, and community
• The physical and mental health of both parents
• Any history of domestic violence, abuse, or neglect
• The child’s reasonable preferences, if they are mature enough to express them

The court aims to create a custody arrangement that provides consistency and stability for the child while ensuring that both parents remain actively involved whenever possible.

Statute: RCW 26.09.187
“The court shall make residential provisions for each child which encourage each parent to maintain a loving, stable, and nurturing relationship.”
More Information: Pierce County Washington Courts – Parenting Plans

To strengthen your child custody case, you should gather and present evidence that demonstrates your ability to provide a safe, stable, and nurturing environment for your child. Helpful evidence includes:

• Parenting journals or calendars documenting time spent with the child
• School records and teacher statements showing involvement in the child’s education
• Medical and psychological records demonstrating the child’s well-being in your care
• Witness testimonies from family members, friends, or professionals supporting your role as a parent
• Text messages, emails, or social media posts that illustrate co-parenting efforts or conflicts
• Police reports or court records if there are allegations of domestic violence or substance abuse

Presenting strong, factual evidence can help the court assess what custody arrangement is in the child’s best interests.

Statute: RCW 26.09.191
“The court shall consider any history of domestic violence or the abusive use of conflict by either parent.”
More Information: WashingtonLawHelp – Gathering Evidence for Custody Cases

If you have questions about your custody case or need legal assistance, The Law Offices of Jason S. Newcombe can help you navigate the legal process and protect your parental rights.

Child custody issues are often the most emotionally charged part of the divorce process, and can cause a great deal of anguish. When solving questions involving custody you will be forced to grapple with decisions concerning which parent the child will live with and how they will be provided for. No two divorce cases are ever the same so it’s vital that you speak with one of our Washington child custody attorneys about your situation as soon as you can.

For the sake of your child’s well being, you and your ex-spouse will have to negotiate and accept terms related to child custody. This is not easy, mostly because it is common for divorcing parents to have very different opinions on how their children should be cared for. Getting through this difficult process will require hard work, and our Washington child custody lawyers are equipped to help you secure the best future for your children.

The first order of business for your Washington custody attorney will be to identify your custody goals. From there, we will guide you through the negotiation process with your ex-spouse to help you reach an agreement. Our custody attorneys in Washington will attempt to accomplish this through artful negotiations but, if necessary, we will argue for your interests in court.

According to Washington law, you are required to create a parenting plan that outlines who your children will live with, how child support is delineated, how decisions regarding your children will be made, and how disagreements will be settled.

Creating this document requires open communication between you and your ex-spouse, and the role of our Washington child custody lawyers is to help you maintain focus, while working toward a fair agreement. We understand that you want what is best for your children, so our Washington child custody attorneys act as your personal advocate to get you the best end result possible.

Coming to an agreement might not be easy, and it’s common for the negotiation process to have its ups and downs. However, our Washington child custody attorneys believe that a compassionate approach lends itself to more open communication, which is vital if an agreement is to be reached without court interference. Once a mutual understanding is achieved, our Washington child custody lawyers will present your Parenting Plan to the court.

You can contact our Washington office either by phone or by filling out our online form. Within 24 hours, a child custody attorney will contact you for a free consultation. This is your chance to get some facts about your case, so that you can act in the best interests of your Washington family. Contact us today for help and guidance when creating your parenting plan.