Imagine you strike up a conversation with a stranger while waiting at the DMV or commuting on the train to work. Then imagine the stranger telling you they are in the middle of a high-conflict divorce and are fighting over your parenting plan and residential time.
If the stranger does not have children, his or her biggest complaint about their divorce would usually be money (e.g., spousal support and child support), the realities of dating after divorce, or who will keep the marital home. If the stranger has minor children, however, the issue of residential time tends to make all the other disagreements seem small by comparison.
The reason? Emotions, for starters, but also because residential time can look different for different families depending on the circumstances, causing it to be widely misunderstood. Divorce movies don’t help, either, with their depictions of parents who cannot get along no matter what they do.
Though custody battles can and do happen, most divorcing spouses end up reaching an agreement during negotiations about how to share parenting responsibilities and co-parent effectively after divorce. They also end up with a parenting plan to follow that puts the child’s best interests first.
If you are about to go through a divorce or are considering divorce, a Seattle parenting plans lawyer can help you understand the laws regarding divorce and children and can create a parenting plan so that you and your ex-spouse can provide stability for your children during and after it (hopefully, better than that stranger you were talking to). In the meantime, here are a few issues relating to residential time in Washington state that may interest you.
Understanding Parenting Plans
In Washington state, every couple with minor children together at the time of their divorce must draft a parenting plan before their divorce can become final. If there are co-parenting issues they cannot work out, the judge will decide on those parts of the parenting plan before signing it into a court order. A parenting plan covers all aspects of co-parenting except the financial ones.
You will need to create a parenting plan to decide on residential time and who will have decision-making authority for your child over which decisions. A parenting plan will outline where your child will live at different times throughout the year, who will make significant decisions for your child and about what, and how any disputes between you and your ex will be resolved. In other words, it sets the framework for how you and your co-parent will best support your child’s well-being.
Basic Considerations in a Washington State Parenting Plan
Judges determining parenting plans will look at several factors, including your child’s relationship with each of their parents and others in the household and each parent’s ability to care for the child. As mentioned earlier, any history of abuse, violence, or substance abuse will also be considered. Ultimately, the primary goal in the judge’s decision is what is in the child’s best interests.
When developing a parenting plan, Washington State courts consider several factors. According to RCW 26.09.187, these factors include “relative strength, nature, and stability of the child’s relationship with each parent” and any agreements made by the parties, “provided they were entered into knowingly and voluntarily.” Additionally according to the statute, judges will consider each parent’s employment schedule and how well it can accommodate the parenting plan.
Beyond these factors, a parenting plan can address living arrangements, vacations, school schedules, summer breaks, summer camps, learning to drive, decisions about piercings and tattoos, extracurricular activities, and even potential military service before age 18.
The same holds for your child’s involvement in their physical environment, school, and other important activities. Each parent’s wishes, and if the child is mature enough, their preferences regarding their residential schedule may also be considered.
Temporary Parenting Plans Vs. Permanent Parenting Plans
Washington state has two types of parenting plans: temporary and permanent. Temporary plans are often used during litigation or mediation. In cases where parents live far apart and cannot reasonably share residential time, a long-distance parenting plan might be used.
The court approves a final parenting plan at the end of the divorce process, which is meant to be followed until your child reaches 18. Making changes to parenting plans is generally challenging and usually occurs only under specific circumstances.
Decision-Making Authority
A judge will typically decide whether both parents will share decision-making authority or if one parent will have sole authority. One parent may also be granted sole decision-making authority if both parents oppose sharing authority or if the court finds one parent’s opposition to joint decision-making reasonable. If you and your spouse are willing and capable of agreeing to share decision-making responsibilities for significant matters, you will likely be granted joint decision-making authority.
While Washington state generally favors keeping both parents involved whenever possible, there are situations where it might be inappropriate for one parent to participate in decision-making. Under RCW 26.09.191, reasons for excluding a parent from decision-making include abandonment, neglect, child abuse, domestic violence, assault, or sex offenses.
Parenting Time
If a parent’s contact with the child is affected by the above issues, the court must restrict that parent’s involvement and ability to make decisions. If a parent has other issues that could negatively impact the child’s well-being, such as a history of neglect, emotional or physical problems, substance abuse, lack of emotional bonds, misuse of conflict, or withholding the child, the court may likewise limit that parent’s decision-making ability or contact.
Washington state courts also assess “[e]ach parent’s past and potential for future performance of parenting functions,” (RCW 26.09.187) particularly focusing on who has taken greater responsibility for meeting the child’s daily needs. The child’s emotional needs and developmental stage are similarly relevant, as is the child’s relationship with their siblings and other adults playing an influential role in their life.
Find a Seattle family law attorney to help you create a parenting plan.
Little is more emotionally fraught in divorce than fighting with your child’s other parent about residential time. At Elise Buie Family Law, our compassionate Washington state family law attorneys have extensive experience creating parenting plans for divorcing couples that can address their family’s situation while prioritizing the child’s best interests. We are here to support you in any way we can, so don’t hesitate to contact our Seattle office today or schedule a call.
