Washington Divorce With Children — Custody & Support

When children are involved, a Washington divorce must address custody, visitation, and child support in addition to property division and spousal support. Courts prioritize the Best interests of the child in every decision §26.09.187.

Courts establish parenting plans based on the best interests of the child, favoring the residential arrangements that are most likely to maintain the child's emotional growth, health, and stability, while ensuring a healthy relationship with each parent.

Types of custody

• Legal custody — the right to make major decisions about the child's education, health care, and welfare
• Physical custody — where the child lives day-to-day
• Joint custody — both parents share legal custody, physical custody, or both
• Sole custody — one parent has primary decision-making authority or residential time

Washington uses an income-shares model to calculate child support.

• Based on combined net monthly income of both parents using Washington Child Support Schedule
• Presumptive guideline amount; deviation requires written findings
• Residential time, health insurance, and childcare costs factored into the calculation
• Income can be withheld directly from the paying parent's employer §26.18.070

Most Washington courts require a written parenting plan that addresses:

• Regular custody and visitation schedule
• Holiday and vacation time allocation
• Transportation arrangements and exchange locations
• Decision-making authority for education, health, and extracurricular activities
• Communication protocols between parents
• Relocation restrictions and notice requirements

Courts may issue temporary orders for maintenance and child support during the proceedings, along with restraining orders that may, upon a showing of necessity, bar a party from entering the other party's home; a parent seeking a temporary order relating to parenting must file and serve a proposed temporary parenting plan. Temporary custody and support orders typically remain in effect until the final decree is entered.

A parenting plan may be modified upon showing a substantial change in circumstances and that modification is in the child's best interests. Except for minor adjustments and other statutory exceptions, the court must retain the existing residential schedule unless the parents agree, the child has been integrated into the petitioner's family with the other parent's consent, the child's present environment is detrimental to the child's physical, mental, or emotional health and the advantage of a change outweighs the harm it is likely to cause, or the nonmoving parent has been held in contempt at least twice within three years for failing to comply with the plan's residential time provisions or convicted of first- or second-degree custodial interference. §26.09.260