Portland, OR family law attorney Megan Gilmore talks about the trends she sees in child custody cases. She explains that in Washington State, custody determinations are centered on the parenting plan and residential time. Courts focus on identifying which parent has the majority of residential time—defined as 51% or more. The guiding principle is always the best interest of the child.

When evaluating what serves the child’s best interest, the court first considers the historical status quo during the marriage or relationship. This includes which parent primarily handled responsibilities such as medical appointments, school conferences, and other child-related duties. Post-separation, the court examines the length of separation and the arrangements the parents established between themselves. If both parties have adhered to a particular parenting plan following separation, the court often views that as an indication that the arrangement supports the child’s best interests, at least on a temporary basis.

Ultimately, the analysis comes down to the overarching question of what arrangement best serves the child, and the court relies heavily on the surrounding facts and patterns of care to reach that determination.