Child Custody and Visitation Attorney in Everett, Washington

How does the court determine child custody in a Washington State divorce case?

More In This Category

View Transcript

The uh law in Washington is very long uh
in terms of elements for child custody.
The court has to start on a temporary
basis with looking at what would be the
least disruptive for the children and
that really means what have the parents
been doing that is then weighed against
where do they live, what type, what ages
are these kids, can these children go
back and forth between households
without it being too disruptive? Do they
have
soccer? Do they have art? Do they have
drama? What grade are they in? Where
will the parents live? What is the work
schedule? So, there are a lot of things
the court is required to look at by law.
And then they really the overlay is
what’s the best interest of the
children. And both parents or all
parties involved have a very strong
opinion of what they think is in the
children’s best interest. Sometimes the
conflict is so high that a court will
appoint what’s called a guardian adidum.
That is a court-appointed advocate to
interview the parents, interview the
children if they’re old enough, talk to
other parties, and kind of give the
court an idea of what to do. But
ultimately, it’s a person in a black
robe sitting, listening, and trying to
decide what they think is the best for
your kids.
And it can be very difficult. Um, but
the law is pretty specific on what they
have to look at.

Everett, WA family law attorney Sabrina Layman talks about how the court determines child custody in a Washington State divorce case. She discusses that the Washington state law provides detailed guidance for determining child custody, outlining numerous elements that courts must consider. Initially, the court evaluates custody on a temporary basis, focusing on arrangements that would be least disruptive to the children. This assessment includes factors such as the parents’ current caregiving routines, the children’s ages and school schedules, extracurricular activities like sports or arts, and the parents’ work schedules and living situations.

The overarching principle guiding these decisions is the best interest of the children. Both parents, or all parties involved, often have strong opinions regarding what constitutes the children’s best interest. In cases where conflict is particularly high, the court may appoint a guardian ad litem—a court-appointed advocate who interviews the parents and children (if they are of sufficient age) and gathers information from other relevant parties to advise the court.

Ultimately, custody decisions rest with the judge, who evaluates all relevant information to determine the arrangement that best serves the children. While the process can be complex and emotionally challenging, Washington law is specific about the factors that must be considered.

More Videos From This Lawyer