As you talk to various people around Washington you will hear many different opinions on Washington child custody and how the court decides a Washington parenting plan. Some of it may be accurate, but the majority is just speculation. The best thing for you to do is to roll up your sleeves and get a solid understanding of Washington parenting plan law. While you may not become an expert overnight, this introductory information will definitely get you off to a decent start.
One - The Best Interests of the Child Standard
Many people talk about what they believe the best interests of the child standard actually means. This will be your first major lesson in Washington parenting plan law. The Washington family court will always use this standard when determining visitation or child custody.
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Parents have the responsibility to make decisions and perform other parental functions necessary for the care and growth of their minor children. In any proceeding between parents under this chapter, the best interests of the child shall be the standard by which the court determines and allocates the parties' parental responsibilities. The state recognizes the fundamental importance of the parent-child relationship to the welfare of the child, and that the relationship between the child and each parent should be fostered unless inconsistent with the child's best interests. Residential time and financial support are equally important components of parenting arrangements. The best interests of the child are served by a parenting arrangement that best maintains a child's emotional growth, health and stability, and physical care. Further, the best interest of the child is ordinarily served when the existing pattern of interaction between a parent and child is altered only to the extent necessitated by the changed relationship of the parents or as required to protect the child from physical, mental, or emotional harm. RCW 26.09.002
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Two – What the Washington Court Looks For
The court's reasoning (when it comes to parenting plans) may seem like a mystery at times. However, behind it all are these seven factors:
- 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;
- The agreements of the parties, provided they were entered into knowingly and voluntarily;
- Each parent's past and potential for future performance of parenting functions;
- The emotional needs and development level of the child;
- The child's relationship with siblings and with other significant adults, as well as the child's involvement with his or her physical surroundings, school, or other significant activities;
- The wishes of the parents and the wishes of a child who is sufficiently mature to express reasoned and independent preferences as to his or her residential schedule; and
- Each parent's employment schedule, and shall make accommodation consistent with those schedules.
Of all seven of the factors listed above, the first factor is viewed as the most important by the court. RCW 26.09.187(3) This brings us to our next point about "parenting functions". You can see that the child's relationship with each parent, and which parent has performed most of the "parenting functions" is extremely important.
Three – Parenting Functions
The third and final parenting plan law that you must know relates to parenting functions. It is not enough to know that the court places great importance of the historical performance of parenting functions, you must also know what those functions are. The good thing is that the Washington parenting plan law clearly sets forth those functions:
Parenting functions means those aspects of the parent-child relationship in which the parent makes decisions and performs functions necessary for the care and growth of the child. Parenting functions include:
- Maintaining a loving, stable, consistent, and nurturing relationship with the child
- Attending to the daily needs of the child, such as feeding, clothing, physical care, and grooming, supervision, health care, and day care, and engaging in other activities which are appropriate to the developmental level of the child and that are within the social and economic circumstances of the particular family;
- Attending to adequate education for the child, including remedial or other education essential to the best interests of the child;
- Assisting the child in developing and maintaining appropriate interpersonal relationships;
- Exercising appropriate judgment regarding the child's welfare, consistent with the child's developmental level and the family's social and economic circumstances, and;
- Providing for the financial support of the child.
RCW 26.09.004