Legal Help for Child Custody in Vancouver, WA
If you have children and are facing a divorce (or are already divorced or separated) in Clark County, our Vancouver WA family law and child custody lawyers can help you protect your children's best interests.
In Washington State, both parents have a right to raise their children (parental rights) and a legal obligation to support them. When a couple divorces or separates, they must establish a parenting plan that designates the primary residential parent, a residential schedule, decision-making authority, and visitation arrangements.
The Vancouver WA family law lawyers at McKinley Irvin are highly experienced at negotiating and litigating child custody cases. When parents can agree on custody and parenting plan issues, it is usually to the benefit of the entire family. If necessary, however, we also are prepared to provide formidable legal representation in a contested custody matter, child custody modification, or relocation action.
How is Child Custody awarded?
In Vancouver WA and Washington State, child custody is determined by which parent is named the “primary residential parent.” This is the parent with whom the child lives with a majority of the time. The other parent, named the “non-residential” parent, is typically allowed residential time with the children.
If a couple cannot agree on child custody matters, the family law court will decide the following custody issues:
- Residential Schedule
- Decision Making Authority
- Parenting Plan
The court's decision on child custody must only serve the best interests of the children. The court will consider many factors, including each parent's relationship with the children, performances of daily parental functions, the emotional needs of the children, both parents' employment schedules, past parenting actions, and any history of abuse or neglect. In child custody disputes in Vancouver, the Washington family law courts require mediation before they will make a decision (except in cases of domestic violence).
Do you need a Vancouver WA Child Custody Lawyer?
For parents, custody is usually the most important (and most emotional) issue in their divorce. This means that it often becomes a point of elevated conflict. An experienced Vancouver WA child custody lawyer can help you avoid entangling the children in the battle, and to find reasonable agreements between parents that will work for all members of the family, even through a family transition such as divorce. If your custody case needs to go to court, a child custody lawyer also can best defend your relationship with your children in litigation.
If you wish to modify your parenting plan or relocate your child, these are complex legal actions and you should always seek an lawyer's advice on relocation or custody modification matters.
At McKinley Irvin, we limit our law practice to family law matters. Our Vancouver WA child custody and divorce lawyers have substantial experience in Washington State law regarding parenting plans, residential schedules, and child custody.
Parenting Plan Modifications and Relocation
How to obtain Child Custody Modifications in Washington State
To change the parent named as the primary residential parent, after the final parenting plan has been entered in court, you must file a child custody modification action. The court usually accepts a modification if both parents agree and it is in the best interests of the child. If it is a contested child custody modification, the court will have to determine if a change in custody is appropriate. A qualified Vancouver WA family law lawyer will help try to negotiate a resolution before proceeding with a contested child custody modification action.
How to obtain Parenting Plan Modifications in Washington State
If a family's circumstances have changed, the changes may warrant a modification to the parenting plan. Disputes in decision-making or the residential schedule may also arise. Custody or parenting plan modification is often a complex and problematic legal action. An lawyer with extensive experience in filing and modifying parenting plans and child custody in Vancouver WA and Clark County can help you determine if you can file a parenting plan modification action and how to best proceed.
Relocation: What if a parent wants to move away with a child?
If a parent intends to relocate with their children at any time after a divorce and it would affect the child's residential schedule, there are legal requirements the parent must abide by. Under Washington State relocation law, you must give notice to the other parent of the relocation if you are moving a significant distance. The other parent then has the right to dispute the relocation.
McKinley Irvin Vancouver WA family law lawyers understand the complexities of relocation and other custody modifications. If you would like to relocate or prevent relocation, contact our Vancouver WA family law office to discuss your rights and obligations.
McKinley Irvin is a full-service law firm focused exclusively on the practice of family law. For over 20 years, our accomplished lawyers have effectively resolved family law and divorce matters for our clients in Washington and Oregon.
Contact our office at 360-836-1136 to consult with a McKinley Irvin Vancouver WA child custody lawyer regarding your family law matter.
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