How is child custody decided in Washington?

Washington's parenting plan system is found in RCW Chapter 26.09 (Dissolution of Marriage and Domestic Partnership).

1. Parenting Plan — Required Components (RCW 26.09.184)

Every dissolution involving children requires a Parenting Plan with:

Residential schedule — where the child lives at all times during the year.

Decision-making allocation — for education, healthcare, religion, and other major decisions.

Dispute resolution — mediation, arbitration, or court.

There are three types: Proposed, Temporary, and Final parenting plans.

2. Residential Schedule Factors (RCW 26.09.187(3))

The court considers, with the greatest weight to factor (i):

(i) The relative strength, nature, and stability of the child's relationship with each parent, including whether a parent has taken greater responsibility for performing parenting functions relating to the daily needs of the child.

(ii) The agreements of the parties.

(iii) Each parent's past and potential for future performance of parenting functions.

(iv) The emotional needs and developmental level of the child.

(v) The child's relationship with siblings and other significant adults.

(vi) The wishes of the parents and the wishes of a child sufficiently mature.

(vii) Each parent's employment schedule.

3. Decision-Making Allocation (RCW 26.09.187(2))

Joint decision-making is presumed if parents agree. The court considers:

Existence of a limiting factor under RCW 26.09.191 (history of acts of domestic violence, abusive use of conflict, abandonment, child abuse, etc.).

History of participation in decision-making.

Demonstrated ability to cooperate.

Geographic proximity.

4. Limiting Factors (RCW 26.09.191) — Mandatory Restrictions

The court must limit a parent's residential time and decision-making if there is a finding of:

Willful abandonment.

Physical, sexual, or pattern of emotional abuse of a child.

History of acts of domestic violence.

Assault or sexual assault causing grievous bodily harm.

The court may limit if there is:

Long-term emotional or physical impairment that interferes with parenting.

Long-term substance abuse impairing parenting.

Absence or substantial impairment of parental functions.

Abusive use of conflict.

Withholding access without good cause.

5. Child's Preference

Factor (vi) of RCW 26.09.187(3) — no specific age. Washington courts give weight to mature preferences (typically age 12+). The child does not testify in open court; preferences are typically conveyed through a Guardian ad Litem or in-chambers interview.

6. Adequate Cause / Modification (RCW 26.09.260, 26.09.270)

A parent seeking to modify a parenting plan must first demonstrate adequate cause for a hearing. Major modifications require:

A substantial change of circumstances since the prior order.

Modification is in the child's best interest.

One of the following: parents agree, child has been integrated into the moving parent's family with consent, child's present environment is detrimental, or the prior court found the non-moving parent in contempt of the parenting plan twice in 3 years.

Minor modifications (residential schedule changes that do not exceed 24 full days per year) have a lower threshold.

7. Relocation — RCW 26.09.405-.560 (Child Relocation Act)

A parent with primary residence (more than 50% of residential time) intending to relocate the child must give 60 days' written notice to every other person with court-ordered residential time. Notice requirements are very specific. The non-relocating parent has 30 days to object. The court applies a rebuttable presumption that relocation will be permitted (RCW 26.09.520), evaluated against 11 factors.

This is legal information, not legal advice.