Child Custody (Parenting Plans) in Washington

In Washington, child custody arrangements are set forth in a Parenting Plan, which determines each parent’s residential time (sometimes called “visitation” in other states) and decision-making responsibilities. Like Alabama, Washington courts always prioritize the best interests of the child when establishing or modifying any parenting plan.

Best Interests of the Child

Washington law (RCW 26.09.002 and RCW 26.09.187) requires courts to:

  • Focus on the Child’s Welfare
    The paramount concern is ensuring the child’s safety, stability, and overall well-being.
  • Encourage Frequent and Continuing Contact
    The court typically supports a meaningful relationship with both parents, unless evidence shows that contact with one parent would harm the child (e.g., a history of domestic violence or neglect).

Parental Responsibility & Decision-Making

In Washington, there is a presumption that both parents should share decision-making authority over major issues—such as education, healthcare, and religious upbringing—unless there is a valid reason (like ongoing abuse or substance issues) to limit one parent’s input. Courts may designate joint decision-making or sole decision-making based on the family’s circumstances.

The Parenting Plan

A Parenting Plan is an official document that becomes part of the Final Decree of Dissolution. This plan must include:

  1. Residential Schedule (Parenting Time)
    • Specifies where the child lives on weekdays, weekends, holidays, school breaks, and vacations.
    • If parents agree on a schedule, the court usually adopts it as long as it serves the child’s best interests.
  2. Decision-Making Authority
    • Outlines whether the parents share the right to make major decisions (e.g., education, healthcare) or if one parent has sole authority.
  3. Primary Residence
    • In cases where parenting time isn’t equal, one parent’s home is typically designated the child’s primary residence for school enrollment and other administrative purposes.
  4. Relocation or Geographic Restrictions
    • Washington’s Relocation Act (RCW 26.09.405–560) governs what happens if a parent wishes to move with the child.
    • The plan should clarify if any geographic restrictions apply (e.g., residing in a certain county or region).

Rights and Duties of Each Parent

RCW Title 26 outlines the general rights and duties of parents, including:

  • Providing for a child’s physical care, safety, and emotional well-being.
  • Making decisions in the child’s best interests regarding education, healthcare, and extracurricular activities.
  • Ensuring compliance with court-ordered child support, if applicable.

Unless otherwise limited by a court order, each parent typically retains these rights and duties.

“Visitation” or Parenting Time

In Washington, what some states call “visitation” is often referred to simply as “residential time” or “parenting time.” The Parenting Plan:

  • Must specify each parent’s scheduled residential time and decision-making responsibilities.
  • Can allow parents to swap or modify specific days by mutual agreement, but an enforceable plan must still exist to provide structure and protect the child’s routine.

Standard Orders and Variations

While Washington law does not have a single “Standard Possession Order” like some states, courts often have model parenting plans or local guidelines. The final plan may be more or less detailed, depending on the parents’ ability to cooperate and the court’s assessment of the child’s needs.