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Legal Information: Washington

Custody

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Updated: 
December 3, 2020

If the abusive parent sexually abused the subject child (the one who the custody case is about), will the judge allow contact?

The questions above deal with limitations that a judge can place on a parent if the parent sexually abused “a child.” However, if the abusive parent sexually abused the subject child (the one who the custody case is about), the limitations are much stricter. The judge can only allow contact between the abusive parent and the child if the child’s therapist or an evaluator who evaluated the child recommends it. The therapist/evaluator must confirm that the child is ready for contact with the parent and will not be harmed by it.1

1 R.C.W. § 26.09.191(2)(m)(ii)