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Legal Information: Washington

Custody

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Updated: 
December 3, 2020

If a parent who is not abusive lives with someone who committed domestic violence or a sex offense, can the non-abusive parent get residential parenting time?

If a parent who is not abusive lives with someone who has committed domestic violence or a sex offense, this may affect the non-abusive parent’s right to see his/her children. The non-abusive parent’s residential parenting time must be limited if s/he lives with someone who:

  1. committed physical abuse, sexual abuse, or a pattern of emotional abuse of a child;
  2. has a history of acts of domestic violence (as defined by law);
  3. committed an assault or sexual assault that resulted in:
    • serious (“grievous”) bodily harm;
    • the fear of serious (“grievous”) bodily harm;
    • a pregnancy; or
  4. was convicted as an adult or as a juvenile of a sex offense as follows:
    1. if s/he was convicted of one of the sex offenses listed here in section (2)(a), the judge could limit residential time;1
    2. if s/he was convicted of one of the more serious sex offenses listed here in section (2)(d), the parent can only have contact with the child when that person is not around unless the parent can change the judge’s mind;
    3. if s/he was designated to be a sexual predator, the judge can only allow contact that takes place when that person is not around.2

1 R.C.W. § 26.09.191(2)(b)
2 R.C.W. § 26.09.191(2)(c),(d),(e)