WomensLaw is not just for women. We serve and support all survivors, no matter their sex or gender.
Important: Even if courts are closed, you can still file for a protection order and other emergency relief. See our FAQ on Courts and COVID-19.
Legal Information: Washington
Updated: December 3, 2020
How will a parent’s absence due to military duty be considered when making decisions about custody?
When making a decision about custody, the judge may not consider periods of time when a parent was deployed as time when that parent failed to exercise his/her right to residential time.1
Additionally, if a parent files a motion to transfer custody from the parent serving in the military to a non-military parent, the judge may not consider a parent’s temporary duty, activation, mobilization, or deployment (and the disruption to the child’s schedule because of a parent’s military duty) when determining if there has been a substantial change in circumstances.2
1 R.C.W § 26.09.260(8)(b)
2 R.C.W § 26.09.260(11)(b)
© 2008–2020 WomensLaw.org is a project of the National Network to End Domestic Violence, Inc. All rights reserved. This website is funded in part through a grant from the Office for Victims of Crime, Office of Justice Programs, U.S. Department of Justice. Neither the U.S. Department of Justice nor any of its components operate, control, are responsible for, or necessarily endorse, this website (including, without limitation, its content, technical infrastructure, and policies, and any services or tools provided). NNEDV is a 501©(3) non-profit organization; EIN 52-1973408.