At Tsai Law Company, we have over 30 years combined experience in child custody and divorce in Washington State.
A child custody Parenting Plan is a Court Order that provides the residential schedule for your children during and after your Divorce, Legal Separation or Paternity Matter. RCW 26.09 governs the factors the Court is to consider regarding a Parenting Plan for minor children in a divorce proceeding. A child custody Parenting Plan has provisions for where your child(ren) will reside every day of the year and is broken up into different sections including Pre School Schedule, School Schedule, Winter Vacation, Mid Winter and Spring Vacations, Summer Schedule, Vacation with Parents, Holidays and Special Occasions.
As a parent, it is important to shield your children from the potential conflict that may arise between you and your spouse. You should always protect your children from being placed in the middle of the divorce proceeding. King, Pierce and Snohomish Counties require that you attend a half day parenting seminar to learn about the potential harm that can be caused to children by a divorce proceeding. You are required to take this seminar within a specified period of time after your case has been filed.
A Parenting Plan also provides for decision making authority for both parents and determines if there are any other provisions that are important to you and in the best interests of your children. You can either agree to a Parenting Plan, or a judicial officer will make findings and impose a Parenting Plan on both parents after a contested hearing or trial. It is important for you to have an experienced child custody attorney to negotiate and if necessary, litigate a parenting plan that is appropriate for you and your children.
The current law regarding child custody is codified in 26.09.002. Specifically, that statute states:
RCW 26.09.002
“Parents have the responsibility to make decisions and perform other parental functions necessary for the care and growth of their minor children. In any proceeding between parents under this chapter, the best interests of the child shall be the standard by which the court determines and allocates the parties' parental responsibilities. The state recognizes the fundamental importance of the parent-child relationship to the welfare of the child, and that the relationship between the child and each parent should be fostered unless inconsistent with the child's best interests. Residential time and financial support are equally important components of parenting arrangements. The best interests of the child are served by a parenting arrangement that best maintains a child's emotional growth, health and stability, and physical care. Further, the best interest of the child is ordinarily served when the existing pattern of interaction between a parent and child is altered only to the extent necessitated by the changed relationship of the parents or as required to protect the child from physical, mental, or emotional harm.
[2007 c 496 § 101; 1987 c 460 § 2.]”
Contact a Seattle Divorce Lawyer to discuss the specific application of 26.09.002 as it applies to your child custody case.
The current law regarding child custody is codified in 26.09.270. Specifically, that statute states:
RCW 26.09.270
“Child custody — Temporary custody order, temporary parenting plan, or modification of custody decree — Affidavits required.
A party seeking a temporary custody order or a temporary parenting plan or modification of a custody decree or parenting plan shall submit together with his motion, an affidavit setting forth facts supporting the requested order or modification and shall give notice, together with a copy of his affidavit, to other parties to the proceedings, who may file opposing affidavits. The court shall deny the motion unless it finds that adequate cause for hearing the motion is established by the affidavits, in which case it shall set a date for hearing on an order to show cause why the requested order or modification should not be granted.
[1989 c 375 § 15; 1973 1st ex.s. c 157 § 27.]”
Contact a Seattle Divorce Lawyer to discuss the specific application of RCW 26.09.270
as it applies to your child custody case.
The current law regarding child custody is codified in RCW 26.09.285. Specifically, that statute states:
RCW 26.09.285
“Designation of custody for the purpose of other state and federal statutes.
Solely for the purposes of all other state and federal statutes which require a designation or determination of custody, a parenting plan shall designate the parent with whom the child is scheduled to reside a majority of the time as the custodian of the child. However, this designation shall not affect either parent's rights and responsibilities under the parenting plan. In the absence of such a designation, the parent with whom the child is scheduled to reside the majority of the time shall be deemed to be the custodian of the child for the purposes of such federal and state statutes.
[1989 c 375 § 16; 1987 c 460 § 21.]”
Contact a Seattle Divorce Lawyer to discuss the specific application of 26.09.285
as it applies to your child custody case.
Tsai Law Company, PLLC
2101 4th Avenue Suite 1560
Seattle, WA 98121
1-425-DIVORCE (348-6723)
Email:
support@TLClawco.com
Call for a free phone consultation
with one of our seasoned Child
Custody Divorce Lawyers and Family Law Trial Attorneys at 1-425-DIVORCE (348-6723) to discuss provisions for your
Parenting Plan and your visitation rights.
Our experienced child custody Lawyers today can discuss your child custody questions regarding visitation, court adjudication, child custody court rulings, child custody trials, becoming a primary residential parent, court orders, contempt proceedings, and enforcement in Washington State.
Please visit our TLC family law home page for additional information about our Seattle Child Custody Divorce Lawyers.
