Child Custody Laws in Washington

Washington uses parenting plans instead of custody labels. Subject to limits for abuse, domestic violence and similar problems (RCW 26.09.191), the court allocates decision-making and sets a residential schedule. Residential factors include the strength and stability of the child's relationship with each parent (given the greatest weight), the parents' knowing and voluntary agreements, each parent's past and future performance of parenting functions, the child's emotional needs and development, relationships with siblings and others and involvement in school and activities, the wishes of the parents and of a child mature enough to express reasoned and independent preferences, and each parent's work schedule. No fixed age is set for the child's preference.

In a divorce, a parent asking for a temporary parenting order files and serves a proposed temporary parenting plan by motion, supported by a sworn declaration about the child's caregiving history, schedules and any safety concerns; the court may enter a temporary parenting plan on a showing of necessity. A party may also ask for a temporary restraining order, including an order not to remove a child from the court's jurisdiction. The court can issue a temporary restraining order without notice to the other party only if the sworn evidence shows irreparable injury could result before the other party has time to respond.

Parenting seminars are set by local court rules, so whether one is required depends on the county. Any such rule must not require opposing parties to attend together, must waive the seminar or offer an alternative when there is domestic violence or abuse or attendance is not in the children's best interests, and may waive it for good cause.