Family Law
Spokane Child Custody & Parenting Plan Attorney
No part of a family law case frightens people more than this one. The fear is almost always the same, whether it is said out loud or not: that you will end up seeing your children a fraction of the time, and that the person deciding will not understand what you are to them.
It helps to know that Washington law is more structured than that fear suggests. Courts are not choosing a better parent. They are applying a list of factors to build a schedule that serves the child, and the factor given the most weight is the strength, nature, and stability of the child's relationship with each parent.
We help parents in Spokane County negotiate workable parenting plans, and we litigate them when agreement is not possible.
What is in a Washington parenting plan?
A permanent parenting plan is required in every dissolution, legal separation, and parentage case involving minor children (RCW 26.09.184). Every plan must address three things:
- A residential schedule — where the child lives on every day of the year, including holidays, birthdays, vacations, and school breaks
- Decision-making authority — who decides major questions about education, non-emergency health care, and religious upbringing, either jointly or by one parent
- A dispute resolution process — usually mediation or arbitration, used before returning to court over disagreements about the plan
| Component | What it decides | Common arrangements |
|---|---|---|
| Residential schedule | Where the child lives every day of the year, including holidays, birthdays, breaks and vacations | Alternating weeks; every other weekend plus a mid-week; a 5-2-2-5 rotation |
| Decision-making | Who decides education, non-emergency health care and religious upbringing | Joint decision-making, or sole authority to one parent |
| Dispute resolution | How disagreements are handled before returning to court | Mediation, arbitration, or court if limiting factors apply |
Either parent can always make emergency decisions about a child's health or safety. A parenting plan is a court order — not following it can result in contempt.
Either parent can always make emergency decisions about a child's health or safety. And a parenting plan is a court order: not following it can result in contempt proceedings.
How do courts decide the residential schedule?
Where the limiting factors below do not apply, RCW 26.09.187 directs the court to consider seven factors:
- The relative strength, nature, and stability of the child's relationship with each parent — this factor is given the greatest weight
- The agreements of the parties, if entered into knowingly and voluntarily
- Each parent's past and potential future performance of parenting functions, including who has taken more responsibility for the child's daily needs
- The emotional needs and developmental level of the child
- The child's relationship with siblings and other significant adults, and involvement with school, activities, and surroundings
- The wishes of the parents, and of a child mature enough to express reasoned and independent preferences
- Each parent's employment schedule — with the plan accommodating those schedules
| Statutory factor | What the court is actually looking at |
|---|---|
| Relationship with each parent — GREATEST WEIGHT | The relative strength, nature and stability of the child's bond with each parent |
| Agreements between the parents | Whether they were entered into knowingly and voluntarily |
| Past and future parenting functions | Who has actually done the daily work of raising the child |
| The child's needs | Emotional needs and developmental level |
| Wider relationships | Siblings, other significant adults, school, activities and surroundings |
| Wishes | The parents' wishes, and a sufficiently mature child's reasoned preferences |
| Employment schedules | The plan must accommodate the parents' actual work schedules |
Not on the list: which parent earns more, who filed first, or who wanted the divorce.
Note what is not on that list: which parent earns more, who filed first, or who wanted the divorce.
Is Washington a 50/50 custody state?
No — and this is the most common misconception we correct. Washington has no presumption of equal residential time. A court may order substantially equal time when it serves the child's best interests and the parents live close enough for it to be practical, but neither parent starts with an advantage simply by asking for it.
In practice, equal or near-equal schedules are common where parents live near each other, communicate reasonably, and have both been actively involved in daily parenting. They are far less workable across a long commute, with incompatible work schedules, or where the parents cannot communicate without conflict.
When will a court limit a parent's time with a child?
RCW 26.09.191 requires the court to consider restrictions when certain conduct is found — and where it applies, it overrides the ordinary best-interest analysis. Limiting factors include a history of domestic violence, physical or sexual abuse of a child, abandonment, neglect or substantial nonperformance of parenting functions, a long-term substance abuse or mental health problem that interferes with parenting, and the withholding of a child from the other parent for an extended time without good cause.
| Limiting factor under RCW 26.09.191 | Possible restriction |
|---|---|
| A history of domestic violence | Supervised visitation; limits on decision-making |
| Physical, sexual or emotional abuse of a child | Supervised or suspended contact |
| Abandonment or substantial refusal to perform parenting functions | Reduced residential time |
| Neglect | Supervision; conditions on contact |
| Long-term substance abuse affecting parenting | Testing, treatment conditions, supervised time |
| Long-term mental health problems affecting parenting | Conditions on contact; limits on decision-making |
| Withholding the child from the other parent for an extended time | Restrictions and, potentially, contempt |
Where a limiting factor is found, it overrides the ordinary best-interest analysis. Raising one — or defending against one — requires real evidence rather than accusation.
Restrictions can range from supervised visitation to limits on decision-making or on the dispute resolution process. Because these findings shape everything else in a case, both raising them and defending against them require real evidence rather than accusation.
Do children get to choose?
There is no age in Washington at which a child's preference controls. A mature child's wishes are one of the seven factors, and in practice the reasoned views of a teenager carry more weight than those of a young child. What courts consistently dislike is evidence that a parent has coached, pressured, or interrogated a child about the case — it tends to hurt the parent who did it far more than it helps.
What should I do while my custody case is pending?
- Follow the current schedule precisely, even if the other parent does not — the contrast is noticed
- Keep a simple, factual log of exchanges, cancellations, and missed time
- Communicate in writing, and write every message as though a judge will read it, because one might
- Stay involved in school and medical care, and keep your own copies of records
- Never discuss the case, the court, or the other parent's conduct with your children
- Do not withhold the children to punish the other parent — it is among the fastest ways to damage your own case
Frequently asked questions
How is custody decided in Washington?
Through a parenting plan built on the best interests of the child. Courts weigh seven statutory factors, giving greatest weight to the strength, nature, and stability of the child's relationship with each parent, unless limiting factors under RCW 26.09.191 apply.
What is the difference between legal and physical custody in Washington?
Washington uses different terms. What other states call physical custody is the residential schedule, and what they call legal custody is decision-making authority. Both are addressed separately in the parenting plan, and they do not have to match.
Does Washington favor mothers?
No. The statutory factors are gender-neutral, and courts look at who has actually performed the parenting functions rather than at which parent is the mother or father. A father who has been substantially involved in daily care stands on equal footing.
At what age can my child decide where to live?
There is no such age in Washington. A sufficiently mature child's wishes are one factor among seven, and courts weigh them alongside everything else rather than treating them as decisive.
Can I stop the other parent from seeing our child?
Not unilaterally. Withholding a child in violation of a parenting plan can result in contempt and can seriously damage your position. If you believe the child is genuinely unsafe, seek an emergency order through the court rather than acting on your own.
What if we cannot agree on a parenting plan?
Most Spokane County cases go through mediation first, and the majority settle there. If they do not, each parent submits a proposed plan and a judge decides after trial, applying the statutory factors.
Ready to talk through your situation?
Reach a Schwab Law attorney in Spokane today.