Spokane Child Custody Attorney
Our Experienced and Passionate Child Custody Lawyers in Spokane
- - Where your child lives
- - Who makes decisions in your child's life
- - How much time your child spends with each parent
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Common Child Custody Issues We Can Help You With
- - Parenting plans and visitation
- - Enforcement of prior custody orders
- - Modifying an existing order
- - Relocations and move-away orders
- - Emergency or temporary custody
- - Custody in paternity cases
- - Domestic violence and child abuse cases
- - Grandparent custody and visitation
- - Termination of parental rights
Contact an Experienced Spokane Child Custody Attorney Today!
Types of Child Custody and Arrangements
Legal Custody
Legal custody determines who has the authority to make major life decisions for the child, including:- Education
- Sports and extracurricular activities
- Filing lawsuits
- Health care
- Religion
In short, legal custody covers all the important decisions related to the child, from signing permission slips to giving instructions to doctors.Physical Custody
Physical custody relates to the child's living arrangements. Physical custody describes:- Where the child lives
- How much time the child spends with each parent
- Who can visit the child
- Where the child spends holidays
A physical custody order also determines who transports the child between locations.Sole Custody
Physical/legal custody can be awarded to a single parent. When a court awards sole legal custody, the custodial parent has sole decision-making authority. They do not need to consult the other parent. More importantly, the non-custodial parent has no right to have a judge order the custodial parent to listen.Joint Custody
When the parents share physical and/or legal custody, they have joint custody. Under this arrangement, both parents participate in raising the child. Washington law tends to favor awarding joint custody unless there is some reason joint custody would harm the child's interests.Hybrid Custody
Hybrid custody covers everything else. Some examples of hybrid custody happen when:- A step-parent has loose visitation rights to a step-child
- An incarcerated, sick, or deployed parent cedes rights to the other parent
Hybrid custody arrangements are rare, but they can help address unique situations.
Custody Laws in Spokane, WA
- - Parenting Act (RCW 26.09): Establishes the process for creating parenting plans and outlines factors considered in custody decisions.
- - Best Interests of the Child Standard (RCW 26.09.002): Mandates that custody decisions prioritize the child's best interests.
- - Parenting Plan Requirements (RCW 26.09.181): Outlines the necessary components of a parenting plan, including decision-making authority and residential schedules.
- - Modification of Parenting Plans (RCW 26.09.260): Sets forth the criteria for modifying existing custody arrangements.
- - Relocation of Children (RCW 26.09.405-560): Governs the process for relocating with a child when a parenting plan is in place.
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FAQ
Do you need a lawyer for your child custody case in Spokane?
While you can represent yourself, it's not advisable. Here's why:
- The other parent likely has an attorney, putting you at a disadvantage.
- Legal assistance helps you prepare and present evidence effectively.
- An attorney can help you respond to the judge's questions and adapt arguments.
- Experienced lawyers understand court procedures and legal nuances.
Having a skilled attorney significantly increases your chances of a favorable outcome in your child custody case.
Do unmarried parents have parental rights?
Yes, a judge cannot discriminate against a parent because of their marital status (RCW 26.16.105). This means a parent can still get custody if the parents were unmarried. It also means a parent can seek custody if they are married to someone besides the child's other parent.
What are the main factors determining child custody?
In Spokane, WA, courts use the "best interests of the child" standard when determining custody. Key factors include:
- The child's relationship with each parent
- Each parent's ability to meet the child's needs
- The child's emotional needs and developmental level
- Maintaining the child's important relationships (siblings, relatives)
- The child's stability (school, community)
- Each parent's work schedule
- The child's wishes (if mature enough)
- Any history of domestic violence or substance abuse
Judges balance these factors to reach a fair outcome that prioritizes the child's well-being.
How can parents create a parenting plan?
To create a parenting plan in Spokane, WA:
- Consult with a Spokane family law attorney.
- Address key issues, including decision-making responsibilities, residential schedules (including holidays and school breaks), and dispute resolution methods.
- Consider your child's unique needs and your family's situation.
- Be prepared to negotiate with the other parent.
- Submit the plan to the court for approval.
Remember, the court must approve your plan, ensuring it serves the child's best interests.
Does Washington family law favor mothers or fathers?
Washington state law mandates that both parents, regardless of gender, are treated equally (RCW 26.16.125) in custody disputes. Courts can take into account which parent can provide a more stable and consistent environment, and many judges assume that person to be the mother. As a result, fathers often have an uphill battle.