In the state of Washington, almost 9 out of 10 child custody cases get settled by the parents themselves. That leaves only 2% for the court to determine and about 10% decided by default. Out of those cases, in about 60% of them, neither parent sought legal representation. How do you know when it is time to…
Washington law uses the term “residential schedule” to describe what is commonly known as visitation. A parenting plan contains information about a family’s residential schedule. In most cases of divorce or separation that involve a child, one parent is designated the residential parent (custodial parent), and the other parent is designated the non-residential parent (noncustodial…
When parents separate or divorce, the court will issue a comprehensive parenting plan that addresses when the child spends time with each parent. As the child grows and situations change, one or both parents may seek a modification to the existing parenting plan. All modifications, whether they are major or minor, must be based on…
In the state of Washington, the child’s preferences are one of the factors that a court will consider in making a determination about the contents of a parenting plan, which includes custody and visitation. The court may give more weight to a child’s opinion if the child is older and sufficiently mature to express a…
Like most states’ laws, Washington’s laws about child custody cases focus on the best interest of the child. There are a variety of factors that contribute to a child’s best interest, and a judge must consider those factors that are relevant in determining what custody and visitation arrangements are best for a child. The goal…
A parent’s right or ability to take a child on vacation is generally addressed in the parties’ parenting plan. The provision relating to vacations may address when and for how long a parent may take a child on vacation, how much advance notice of the vacation should be given to the other parent, and whether…
The Washington Supreme Court recently considered this exact issue and issued a ruling earlier this year that all Washington trial courts now must follow. Previously, the relevant Washington law contained a loophole that arguably allowed a judge to favor a heterosexual parent over a gay parent. According to the Supreme Court, a court in the…
Washington law does not prohibit parties from getting a divorce if the wife is currently pregnant. However, there are some unique legal issues that are likely to arise in this context regarding the unborn child, whether the child is born during the marriage or in the months following the divorce. Individuals who find themselves in…
The parenting plan and residential schedule that you and your ex develop or the court orders in your divorce or parentage case can be a difficult adjustment, especially for a parent who normally sees his or her children on a daily basis. However, it is even worse when one parent intentionally keeps the children from…