What Will a Court Consider in Entering a Parenting Plan?
If you and your co-parent cannot agree on a parenting plan, a commissioner in your county will make that decision for you.
Temporary Parenting Plan
There are some different considerations a Court will make when entering a temporary parenting plan, or a plan that will last until the end of litigation, versus a permanent plan that will be entered after your case concludes. A final parenting plan can, of course, still be modified in the future. Review fellow Family Law Lawyer Lisa H. Do’s article on the topic: https://beresfordlaw.com/parenting-plan-modification-what-when-why-and-how/
When entering a temporary parenting plan, a Court will consider the person or persons with whom the child has lived for the preceding twelve months. The Court believes this is important because they understand that a child’s consistency and normalized routine are important, especially when mom and dad are going through a divorce. The court will try to enter the plan that will cause the least disruption to the child’s emotional stability.
This situation can become complicated when both parents have lived with the child for 12 months. In such cases, a court will consider which parent has been the primary caregiver or who has assumed most of the parenting responsibilities. These responsibilities may include various tasks based on the child’s age, such as taking them to medical appointments and extracurricular activities, helping with homework, preparing meals, and assisting with personal hygiene.
When a child has established a pattern of spending the majority of their time with one parent, the court sees it as essential to maintain this consistency until a final parenting plan is determined. Additionally, the court will consider factors such as each parent’s past and current work schedules, childcare arrangements, and any claims of restrictions under section 191. https://app.leg.wa.gov/rcw/default.aspx?cite=26.09.191
Final Parenting Plan
In entering a Final Parenting Plan, a Court will first make sure that no section 191 restrictions apply, and if they do not, they will consider the following factors:
(i) The relative strength, nature, and stability of the child’s relationship with each parent (this factor will be given the greatest weight);
(ii) The agreements of the parties, provided they were entered into knowingly and voluntarily;
(iii) Each parent’s past and potential for future performance of parenting functions as defined in *RCW 26.09.004(3), including whether a parent has taken greater responsibility for performing parenting functions relating to the daily needs of the child;
(iv) The emotional needs and developmental level of the child;
(v) The child’s relationship with siblings and with other significant adults, as well as the child’s involvement with his or her physical surroundings, school, or other significant activities;
(vi) The wishes of the parents and the wishes of a child who is sufficiently mature to express reasoned and independent preferences as to his or her residential schedule; and
(vii) Each parent’s employment schedule and shall make accommodations consistent with those schedules.
While the quality of the relationship that each parent has with their child is the most important factor in determining custody, the court will take into account a variety of other relevant considerations as well. Effectively navigating a child custody situation is essential because the decisions made can have lasting implications for the well-being and development of the children involved.
Recognizing that every child has unique needs and circumstances, it is crucial to understand that there is no universal parenting plan that will be suitable for every family. The objective is to design a parenting plan that addresses the specific dynamics and requirements of your individual situation, considering factors such as each parent’s living situation, work schedules, and the children’s educational needs.
While it is always preferable for both parents to collaborate and establish a mutually agreeable parenting plan that prioritizes the children’s best interests, this collaborative effort is not always feasible. In cases where agreement cannot be reached, the court will step in to establish a custody arrangement that best serves the children’s needs and overall well-being, ensuring that their rights are protected, and their future remains stable.
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