Child Visitation and Parental Responsibility in a Washington Divorce

In Washington, the legal framework for child custody centers on the concepts of parenting plans and residential schedules rather than “custody” and “visitation.” Courts refer to the allocation of parental rights and responsibilities as decision-making authority, and the time each parent spends with the child is often called residential time or parenting time.

Shared Parental Responsibility and Decision-Making

Washington law encourages frequent, ongoing contact between each child and both parents following a divorce, whenever it serves the child’s best interests. The court generally gives equal consideration to both parents when determining a parenting plan—regardless of the child’s age or gender.

A Parenting Plan in Washington must address:

  • Decision-making authority on major issues such as education, healthcare, and religious upbringing.
  • Residential schedule, outlining the days and overnights the child will spend with each parent, including holidays, school breaks, and summer vacations.

When parents cooperate well, the parenting plan can be more flexible. For those who have ongoing conflicts, the plan can be highly detailed to prevent confusion or disputes.

Best Interests of the Child Standard

If parents cannot agree on a Parenting Plan, the court applies the “best interests of the child” standard, as defined under RCW 26.09.187. Factors often considered include the child’s relationship with each parent, the child’s developmental needs, and each parent’s ability to maintain a stable, nurturing environment.

Residential Placement and School Zoning

While parenting plans may grant equal residential time to each parent, Washington courts often designate one parent’s home as the child’s primary residence for purposes such as school enrollment. If one parent plans to relocate, Washington’s Relocation Act (RCW 26.09.405–560) governs how notice must be given to the other parent, including timelines and the potential need for court approval. Although relocating a short distance may be simpler, moving a significant distance—particularly out of the child’s current school district or out of state—can require additional steps or mutual agreement.

Creating a Parenting Plan

The Parenting Plan becomes part of the Final Decree of Dissolution, making it a legally binding document. This plan typically includes:

  • Weekday and weekend schedules
  • Holiday and vacation schedules
  • Provisions for extracurricular activities, transportation, and other logistical details
  • Provisions for parental decision-making (e.g., how major medical, educational, or religious decisions are made)

Washington law prioritizes frequent contact and cooperation, encouraging parents to adapt the schedule when possible to accommodate the child’s changing needs (e.g., sports, lessons, or special events). However, significant changes to the parenting plan usually require formal modification through the court, especially if the parents cannot mutually agree.

Child Support and Support Obligations

Both parents share financial responsibility for their children. Child support in Washington is calculated using state guidelines that consider both parents’ incomes. Even if one parent has majority residential time, both remain obligated to provide food, shelter, clothing, education, and medical/dental care.

Flexibility and Cooperation

Washington courts encourage parents to work together for the best interests of each child. A well-structured parenting plan fosters stability and predictability but also allows flexibility for life’s inevitable changes. The most effective plans reflect a balance between consistent routines and the child’s evolving needs, ensuring that both parents remain actively involved in the child’s upbringing.