Protecting Your Rights in Child Custody
Child Custody Attorney Serving the Greater Puget Sound Area
Family Law Form
Child custody is usually determined as part of a divorce action, or as a separate proceeding if the parents are not married. To protect your interests and the best interests of the child in a custody dispute, contact Engel Law Group of Seattle, Washington.
Free 30-Minute Consultation: 206.625.9800
Our lawyers represent parents and third parties in all custody-related matters, including temporary orders, hearings for permanent custody, drafting of parenting plans, and post-decree modifications. We represent clients throughout King, Pierce, and Snohomish counties. We can prepare you for mediation or represent you in negotiations or custody litigation.
Child Custody in Washington State
As opposed to the old system of custody and visitation, Washington law now presumes that some form of shared parenting is the norm. The assumption is that the child is best served by spending time with both parents, and both parents are involved in decisions regarding the child. Starting from that basis, the court determines whether factors exist to merit a deviation in favor of one parent over the other.
A parenting plan, in order to be approved, must address both components of custody:
Physical Custody (Residential Schedule)
- If both parents are actively involved in the child's life, the court may approve Joint Physical Custody, in which the child spends approximately equal time living with each parent (e.g., split weeks, or every other week)
- If one parent has been the primary caregiver and the court deems it to be in the best interests of the child to maintain the status quo, the court will designate a primary residential parent. The child would live with the non-primary parent only part of the time (two nights a week, alternate weekends, summers, or any arrangement).
- Sole physical custody is granted only in cases involving abuse, neglect, drug use, or behavior deemed emotionally detrimental or imminently dangerous to the child's well-being. The other parent would be allowed supervised visitation and limited or no input on child rearing.
Legal Custody (Decision-making)
- Again, parents are assumed to share in decisions regarding the child's education, health care, religious upbringing, and activities. Joint legal custody may be awarded even if one parent has primary custody.
- The court can also award primary legal custody to one parent if it determines that the best interests of the child are served. The non-primary parent retains decision-making responsibilities when the child is in their care.
Temporary Orders — Be Prepared!
When divorce papers or custody petitions are filed, the court will set a hearing soon after to issue temporary custody, visitation, and child support orders. Though not as critical as they once were, if your custody case goes to trial, temporary orders still play a big factor in who ends up with the children. At the hearing, you will have approximately five minutes or less to make your case before the commissioner. The other parent will get equal time and then commissioner decides. Right there on the spot.
Contact Engel Law Group Today: 206.625.9800
Our attorneys will fully prepare you for your temporary order hearing, and if custody litigation is required, we re ready and able to protect your rights in court. Put yourself in the strongest legal position possible. Call to arrange your free half-hour consultation.
