• David Starks
• Marc T. Christianson
• Jennifer J. Payseno
• Susan J. Shulenberger
• Justin Sedell
• Kim Schnuelle
• Lisa Dufour
• Sharon L. Friedrich
• Laura Carlsen
• Elizabeth Bianchi
• Jessica T. Moore
• Annelisa Smith
• Jamie Walker
• Christina Smith
• Lindsay Noel
• Krista Stipe
• Lindsay Camandona
• Rita Herrera Irvin
• Sands McKinley

Seattle Parenting Plans and Child Custody Laws

In a divorce action involving a minor child, a Seattle parenting plan for the child needs to be established. The court that will decide the issues in Seattle parenting plans is the Superior Court in which the divorce or other family law action has been filed. For parties filing in Seattle parenting plans are entered by the King County Superior Court. The Court has two locations, downtown Seattle and at the Regional Justice Center in Kent.

Seattle parenting plans (or “residential schedules”) specifies several things. First, it specifies when the child shall reside with which parent during the school year, school breaks, holidays, and special occasions. It also names one parent as the primary residential parent, typically the one with whom the child resides the majority of the time under the plan. It allocates decision making authority between the parents for such issues as education and health care; and it makes provisions for dispute resolution in the event the parties disagree in the future on a parenting issue.

Temporary Seattle parenting plans are entered by the court at the request of one or both of the parties so that parents and children in a divorce can be clear about the above issues pending the finalization of the divorce. In Seattle parenting plans both temporary and final are entered by the King County Superior Court, and the specific process can be explained by an attorney who practices with Seattle parenting plans.

For mandatory Washington State family law forms, please see Washington State child custody and Parenting Plan forms.

Because establishing a parenting plan can be one of the most stressful and expensive matters involved in a divorce, it is best if the parties can resolve this issue by agreement. As any Seattle parenting plan attorney will tell you, parents tend to abide by agreed parenting plans more than they do those mandated by the court. However, in the event the parties are unable to reach an agreement, there are several factors the court weighs to determine which parent should be named the primary parent and what the residential provisions for the child will be.

Under Washington State family law, the court will try to determine what is in the best interest of the child. To help determine this, the court will consider the following factors:

• The relative strength, nature, and stability of the child's relationship with each parent, including whether one parent has had greater responsibility for caring for the daily needs of the child;
• Each parent's potential for future performance of parenting functions;
• The emotional needs and development level of the child;
• The child's relationship with siblings and other significant adults;
• The child's involvement with his or her school, physical surroundings, or other significant activities;
• The wishes of the parents and the wishes of the child, if he or she is sufficiently mature to express his or her wishes regarding the residential schedule; and,
• Each parent's employment schedule.

When the court issues a temporary parenting plan, it considers the above factors as well as the following:

• Which parent has taken the greater responsibility for the daily care of the child during the past twelve months; and,
• Which parenting arrangement would cause the least disruption to the child's emotional stability while the divorce action is pending.

As the above synopsis illustrates, parenting issues can be complicated and highly emotional. If you are contemplating divorce or legal separation, and you have children who live in Seattle, a parenting plan consultation with a McKinley Irvin family law attorney is the best way to protect your rights as a parent and the best interests of your child.

For specific statutory language regarding parenting plans please see RCW 26.09.184: Permanent parenting plan.