Negotiating a Plan for Child Custody
Seattle Area Parenting Plan Attorney
Our state undertook a radical departure from conventional child custody laws in 1988. Before then, one parent received custody of the child, while the other parent usually received visitation rights. After 1988, the concept of child custody disappeared from the Washington State lexicon. It was replaced with the residential schedule.
I am Eric Engel, a Seattle, Washington, divorce and family law lawyer of Engel Law Group serving clients of the Puget Sound area. Through negotiations or at trial, we work to ensure that clients' interests are protected in the specifics of child custody agreements. Contact us at 206.625.9800 for a free initial consultation.
Parenting Plans
A parenting plan is required by statute in a divorce or custody proceeding, and determines almost all major issues regarding the child or children:
- Who the child lives with as the primary residential parent
- How often each parent sees the child (number of overnights or weekends)
- When and where the "hand-off" occurs
- Who gets to make major decisions regarding the child
- Which parent takes the child during holidays
- Whether a parent can take their child on vacation
- Where the child will go to school
- Whether the primary parent can relocate
The plan also sets forth a procedure that must be followed if the parties cannot agree on matters pertaining to their children.
The primary goal of parenting plans is to serve the "best interests of the child." Naturally, the question becomes what exactly is in the best interests of the child? Here is where the answer can get complicated. Generally, the best interests of the child means residing with the parent who has been chiefly responsible for that child's care.
Limiting Factors in Parenting Plans
However, a court can rule in the non-primary parent's favor when other factors become significant. For example, it would not make sense for a court to award custody to someone addicted to heroin, even if that person had been the historical primary caregiver. Thus, drug dependency and anger management are considered limiting factors.
Domestic violence is also a limiting factor. An allegation of physical, emotional, or sexual abuse, if substantiated, could forever preclude that parent from becoming the primary caregiver, or even from joint custody. If you are facing allegations of drug abuse or domestic abuse, an attorney can advise on what it may mean for your custody dispute.
50-50 Parenting Plans
50-50 parenting plans are gaining in popularity in Washington State and throughout the country. Under a 50-50 parenting arrangement, each parent spends approximately half of their time with the child. Recent studies suggest that this arrangement can be an effective way to raise children.
The easiest way to get a 50-50 parenting plan is by mutual consent of both parties. When asked by a parent for a 50-50 parenting plan, the court considers several factors outlined in the original statute (RCW 26.09.187), with the best interests of the child the overriding concern.
Parenting history can become very important to a court's decision on implementing a 50/50 parenting plan, especially if the parties do not agree and litigation is expected. If you and your do not agree on a 50-50 parenting plan, then it is likely you will have to go to court to get it.
If you are in this situation, contact Engel Law Group immediately to discuss your case and your legal options. We are experienced in family court litigation, but there may be other out-of-court remedies. We offer a free, half-hour initial consultation at 206.625.9800.
