Custody

All decisions about custody are supposed to be based on the “best interest” of the child.¹ A custody decision, as written into a parenting plan, will decide whether to give one parent sole decision-making authority or to give both parents mutual decision-making authority. Below, we discuss how a judge will decide what to order.

If the parents agree on how to divide up decision-making authority regarding the children’s education, health care, and religious upbringing, the judge will approve this parenting plan if:

• the judge believes both parents willingly agree to it; and
• it is consistent with any “limitations” on a parent’s decision-making authority, which could be due to a parent committing domestic violence, sexual assault, or child abuse or other factors.²

If the parents cannot agree on how to divide up decision-making authority in their proposed parenting plans, the judge can order sole decision-making authority to one parent if:

• both parents are opposed to mutual decision-making;
• one parent reasonably opposes mutual decision-making; or
• a limitation on the other parent’s decision-making authority is required by RCW 26.09.191. Note: The “limitations” could be due to a parent committing domestic violence, sexual assault, or child abuse or other factors.³

When deciding whether or not to order mutual decision-making, the judge will consider:

• the history of each parent’s participation in deciding issues regarding the children’s education, health care, and religious upbringing;
• whether or not the parents have a demonstrated ability and desire to cooperate with one another in making decisions regarding the children’s education, health care, and religious upbringing;
• how close the parents live to each other to the extent that it affects their ability to make timely mutual decisions; and
• the existence of any limitation under RCW 26.09.191, which could be due to a parent committing domestic violence, sexual assault, or child abuse or other factors.⁴

If a parent or someone with whom the parent lives has committed domestic violence, sexual assault, or child abuse, the judge must consider these factors when deciding decision-making. For more information, see the questions in the section called When the parent –or someone who lives with the parent– is abusive.

¹ R.C.W. § 26.09.187
² R.C.W. § 26.09.187(2)(a); see R.C.W. § 26.09.184(5)(a)
³ R.C.W. § 26.09.187(2)(b)
⁴ R.C.W. § 26.09.187(2)(c)