Washington courts will sometimes afford parental rights to individuals who are not legally related (by blood or adoption) to a child under a common law remedy known as “de facto parentage.” The circumstances in which a person may attain “de facto” parent status are limited, and the law of de facto parentage appears to still be somewhat in flux. In…
My wife and I are in the process of getting a divorce. We have two little kids, and very different ideas about how much time they should spend with each of us. My wife says that the children should live mostly with her, while I believe that the children should have equal time with both of us. We recently…
If you’ve got a parenting plan from a Washington Court, you’ve probably noticed a section which designates either you or your ex “as the custodian of the children solely for purposes of all other state and federal statutes which require a designation or determination of custody.” Although the paragraph goes on to say that the designation ” shall not affect…
In this series, we’re reviewing Washington cases which help us to understand what exactly the “best interests of the child” standard means, and how it works when applied to a specific family. Our last article examined the fourth factor under RCW 26.09.187(3)(a) – “the emotional needs and developmental level of the child.“ Today, we’re looking at…
In this series, we’re taking a look at some Washington cases that shed some light on to what the “best interests of the child” standard means, and how it works when applied to a specific family. Last week we discussed the second factor, “the agreements of the parties.” In that article we saw just how much discretion a…
In this series, we’re taking a look at some Washington cases that shed some light on to what the “best interests of the child” standard means, and how it works when applied to a specific family. Last week we discussed the first, and most important factor, “the relative strength, nature, and stability of the child’s relationship with each parent.” …
In this series, we’re taking a look at some Washington cases that shed some light on to what the “best interests of the child” standard means, and how it works when applied to a specific family. Today, in this second article in the series, we’re taking a look at the first of the seven factors that Washington courts must consider…
If you’ve ever been involved in a child custody dispute in Washington, you are probably familiar with, or have at least heard of the concept of “best interests of the child.” The best interests of the child standard is a Washington court’s primary and most important consideration when making decisions about children. Indeed, we’ve touched on the best interests standard…
I’ve heard that once a child reaches 12 years old, he or she can decide which parent to live with. Is this true?
Not in Washington. Unlike many states, including California, Washington tries to keep children away from court altogether in custody disputes. In fact, Washington courts often react quite negatively to a parent even saying “But…
Historically, divorce has been a nasty business with equally nasty terminology. “Custody” and “alimony” conjure up images of bile-spewing, decades-long battles. Washington, like many states, has altered the terminology of many key divorce concepts in an effort to escape the loaded words of the bad old days, probably in the hope that more harmonious language will mean more harmonious litigation.…
