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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.