Seattle Child Custody Attorney Ready To Help You
Divorce proceedings are already highly emotional situations to process, but with children involved, it becomes even more stressful and anxiety-inducing. No one wants a toxic child custody dispute scenario in their Washington divorce or visitation proceedings. You deserve to be a part of your child’s life, and at ZafiroLaw, we work with you to reach an agreement that protects your rights and the best interests of your child. Katrina Zafiro is a Seattle child custody attorney with years of experience successfully representing clients in child custody cases throughout Snohomish and King Counties.
Washington State Custody Laws
Washington child custody laws require parenting plans and related orders to prioritize the best interests of the child. Even when both parents mutually agree to a parenting plan, if the court finds it does not take into consideration the best interests of their children, then it will not be accepted.
In custody dispute situations, agreements may not be possible between the parents, and a judge will step in and consider the following factors when making a decision:
- A parent’s ability to provide the most basic of needs for their child
- Whether either parent has or is creating a stable relationship with their child
- The parent’s ability to make critical decisions regarding their child’s health, education, and other issues
- Previous history of neglect, abuse, or domestic violence in the household
It is also possible that your child’s wishes could affect a custody decision if they are old enough to express this maturely. If you and your former partner were part of a blended family and there are half-siblings involved, the judge may also consider this.
What are the Types of Child Custody in Washington?
As a Seattle child custody attorney, we know that Washington’s custody laws are confusing. Verbiage can also be complex, and as a parent, you must understand the basics of this law, as found in RCW 26.27.021.
- What is a child? A child is an individual yet to reach 18 years of age.
- What is custody determination? It’s a judgment, parenting plan, or residential schedule that outlines the physical custody or visitation with the child.
- What is legal custody? It’s the right to make long-term, legal decisions for the child, such as medical decisions or schooling.
- What is physical custody? It’s the supervision and physical care of the child.
The law itself refers to “custody” as a parenting plan. If both parents are capable of taking care of their child and want to be part of their child’s life, the court will enter a parenting plan that allows for both parents to have time with the child.
Joint Custody
In Washington State, the courts don’t use the term “joint custody”. Rather, the court uses the terms “parenting plan” or “residential schedule” to determine how the child spends their time with each parent. A parenting plan or residential schedule where the child shares time equally with each parent is ideal because it allows both parents to be in the child’s life. Studies on joint custody found that adapting to changes in custody is easier when both parents are involved.
Courts view joint custody as being beneficial for the child, and this means each parent has right to:
- Physical custody
- Legal custody
Parenting Plan with Restrictions
However, in some cases, and for various reasons, it may not be ideal for a parent to have the child for even half of the time because it may not be in the best interests of the child.
One parent will have the child a majority of the time while the other has limited time and other restrictions regarding time or decisions for the child.
Hybrid Custody
There are situations where a judge may use a hybrid approach to joint and sole custody situations. Maybe a child gets ample visitation time with both parents, but only one parent has the authority to make legal decisions regarding schooling or medical care.
If a divorced couple is disputing custody arrangements and cannot sit down to discuss the issue and work it out, relying on a third-party as a mediator may be necessary to avoid a court making the final call. Having a neutral party available to facilitate negotiations to work out the underlying cause of the disagreement can save a lot of heartache and further emotional trauma in these situations.
How Can You Get Custody of Your Children in Washington?
A Seattle child custody attorney is the best person to help you attain the custody agreement that is best for your child. If you and the child’s other parent are on good terms and can come to an agreement, this is the easiest way to get custody.
In this scenario, you’ll need to outline a parenting plan, sign it, and file it with the court.
Otherwise, if there are disagreements, you’ll need to open a case with the court. The opposing parent will need to be served and notified about the case so that they can legally file a response with the court.
From here, many things can happen:
- Mediation
- Hearing for Temporary Orders
- Trial
- Guardian Ad Litem or Parenting Plan Investigation
- Mental Health Evaluation
- Permanent order by the court
Note: Custody agreements can be modified. If you didn’t receive equal custody of your child, you can petition the court for an adjustment or modification later.
What Are the Requirements to Get Custody?
There are several factors that the court will consider when determining custody, including but not limited to:
- Each parent’s individual ability to care for the child
- Each parent’s mental, emotional and physical health
- The child’s relationship with each parent
- The child’s involvement in the local community
- The child’s relationship with siblings or other members of each parent’s household
The court will make a decision based on the child’s best interest. Issues like home stability, lifestyle choices and even residential locations can impact custody decisions. If a child is very active in the community, for example, the court may deem it’s not in the best interest of the child to uproot their life and move to a new city.
No two child custody cases are alike, and the court will take several variables into account when making its decision.
Do I Need a Lawyer to Fight for Child Custody?
Washington family law is complicated. Without the help of an experienced Seattle child custody attorney on your side, you risk losing precious time with your children or, worse – the right to see them at all.
Modifying child custody arrangements can be challenging, so it is critical to work with a Seattle parenting plan lawyer who will fight for your rights.
A lawyer can:
- Help you understand your options and child custody laws.
- Represent you during hearings to minimize disputes and communication with the other parent.
- Negotiate on your behalf and help both parties come to a resolution more quickly.
- Minimize the impact on your child.
If you’re facing a child custody dispute, a lot is on the line. Along with visitation rights, you’re also risking the right to make major life decisions about your child.
Don’t leave the outcome up to chance.
A lawyer who focuses on family law and child custody matters will have the experience and knowledge you need to achieve the best outcome for you and your child.
How Do I Modify My Parenting Plan in Washington State?
Times change, as do the needs of our children and the demands of our daily lives. Parents may need to seek a modification of custody through the court at some point for a variety of reasons. This process requires the filing of a “Petition to Change a Parenting Plan, Residential Schedule, or Custody Order.” When submitting it to the appropriate court, you must specify the exact changes to your current custody arrangement that you need.
The Washington Courts website has a wealth of information and links to get you these modification forms, but before you begin filling out the paperwork, speak with a knowledgeable family law practice like ZafiroLaw. Our legal team can help show you how your original parenting plan is affected by significant life changes. This could be due to the other parent relocating overseas or the development of a terminal medical condition, or other major life events for you and/or your child.
Hiring A Seattle Child Custody Attorney Near You
Washington custody laws can be complex. To achieve the best outcome for you and your children, you need the help of an attorney who focuses on family law. You need the help of a firm that will:
- Give you the time and personal level of service your case deserves.
- Be empathetic to your situation and understand the emotional challenges that come with divorce and child custody battles.
- Advocate for your rights as a parent.
The experienced family lawyers at ZafiroLaw are here to help. No matter what stage of divorce you’re in – even if you’re post-divorce – we can assist with even the most complex child custody matters.
Call our office at 206-547-9906 or contact us today to schedule a consultation.
A Seattle Child Custody Attorney From ZafiroLaw Can Help You Today
Whether you are considering divorce, are in the middle of a custody dispute, or need to modify your current order, a Seattle child custody attorney at ZafiroLaw can bring the skilled legal approach you need to achieve the best possible outcome for you and your child.
Our firm has served thousands of families in Snohomish and King Counties who faced challenging custody matters. We have over a decade of experience representing these issues and understand how local courts view disputes so that we can help you avoid a disappointing judgment.
To learn more about how we can help your particular family law situation, please call us at 206-547-9906 or contact us today! We offer our services in several cities around Seattle, including Edmonds, Mountlake Terrace, Bothell, and Kirkland.
