Tacoma, Washington, Family Law Attorneys for Parenting Plan and Child Custody Matters
For couples with children, the most contentious and difficult issues in a divorce or legal separation are usually the Parenting Plan issues, including the designation of a "primary residential parent" (child custody), and the determination of the children's "residential schedule" (visitation with the other parent). Parents may feel threatened that they will not be able to see their children, or that the other parent will take complete control of child-rearing. And in cases where the parents were never married to each other, all of the same parenting issues have to be dealt with in a parentage action in Superior Court.
Tacoma, Washington, attorney Michael H. Scholl, has earned the respect of Court Commissioners, Superior Court Judges, and other Washington family law practitioners for his thoughtful, and highly-skilled legal work in the area of creating Parenting Plans and Residential Schedules that are not only fair to both parents, but, most importantly centered on the best interest of the child.
If you have children, and are involved in a divorce, legal separation, or parentage action, you need experienced and skillful legal representation to protect your parental rights, and to help ensure that your children have a safe, secure environment in which to grow up, put our years of successful professional experience to work for you, and for your child or children. Contact us for a consultation with attorney Michael Scholl.
Protecting the “best interests of the child”
Washington law requires the specific provisions of a Parenting Plan to be determined based on only one standard: The Best Interest of the Child. And, while the law presumes that parents themselves know what is in their children's best interest, the Court must ultimately approve of any Parenting Plan, even if its provisions are agreed to by both parents. The real problems begin when the parents are not in agreement, thus forcing the Court to make decisions about which parent the child will reside with, and the schedule for the other parent to be with the child.
If a Parenting Plan is disputed in your family law matter, you need the legal advice and representation of a family law attorney experienced in articulating your needs and desires as a parent in terms of the best interests of your children.
Is Washington a "Mom's State" or a "Dad's State" in Child Custody?
The short answer is this: Neither. Washington is a "child's state" in legal matters that include a Parenting Plan. Although many years ago our laws included something known as the "tender years doctrine" that held that young children needed to be with their mothers more than their fathers, Washington courts have long since rejected that idea. Today, it is common for fathers to prevail in a "custody battle," and to become the "primary residential parent." Again, the Court is legally required to consider "the best interest of the child," and cares very little about what either parent may want when it comes to the provisions of a Parenting Plan.
Isn't it standard for one parent to get the kids just every other weekend?
Those days, hopefully, are gone forever. While many lawyers may tell you that a Parenting Plan featuring an "every-other-weekend" Dad is still perfectly acceptable, Washington courts have evolved to a more progressive, enlightened, and child-centered model of Parenting Plan in divorce and parentage cases. Washington law now presumes that it is in the best interest of children to spend as much time as possible in the care of either parent, and that the law should foster and promote the opportunity for children to have the best possible relationship with each parent. Assuming that both mother and father are equally fit parents, our Washington courts increasingly prefer that the Parenting Plan provide either a 50-50 split of residential time, or, if that is not possible, the Parenting Plan allow the children to spend as nearly equal amount of time with one parent as with the other.
At what age do children get to decide who their "custodial parent" is?
The legal answer to that question in Washington state is this: On the morning of the child's eighteenth birthday! Many parents are surprised to learn that Washington law does not provide that a child of 16 or 14 or even 12 gets to decide what a Parenting Plan says about which parent the child will primarily reside with, and how much time the teenager will spend in the other parents home. In fact, Washington courts strongly discourage parents from involving their children of any age in discussions about, or participation in, the process of creating a residential schedule in the Parenting Plan.
Child custody cases involving abuse or neglect
In instances where there has been a history of domestic violence, or where one parent is shown to pose a risk to the child's well-being, the Court must order restrictions on that parent's residential time with the children, sometimes requiring supervised-only child visitation. It is not uncommon for one parent to exaggerate accusations of such conduct in the heat of an emotional "custody battle," and frequently the Court will appoint a Parenting Investigator (or "Guardian ad litem") to represent the child's interests and make written recommendations as to specific Parenting Plan provisions.
Contact us by e-mail or call our offices in Tacoma, Washington, at 253-579-1126 if you need experienced legal advice or representation in your divorce; legal separation; parentage dispute; child custody and visitation dispute; child support problem; or other family law matter. For your convenience, we accept all major credit cards, and we can be available for evening or weekend appointments.
