# Washington State Child Custody and Parenting Plans

For educational purposes only — not legal advice.

## The Big Picture

In Washington, parents in a divorce (dissolution), legal separation, or parentage case usually get a court order called a **Parenting Plan**. Courts here generally do not use the words "custody" and "visitation." Instead, a parenting plan covers two things: (1) a **residential schedule** — which parent the child lives with on given days, including holidays, vacations, and birthdays — and (2) **decision-making authority** — who makes major decisions about the child's education, health care, and religious upbringing (RCW 26.09.184(2), (5)–(6)).

The governing law is the Parenting Act of 1987, now codified in chapter 26.09 RCW. The state's core policy: "the best interests of the child shall be the standard by which the court determines and allocates the parties' parental responsibilities," and the relationship between the child and each parent "should be fostered unless inconsistent with the child's best interests." The statute is explicit that **residential time and financial support are equally important** parts of parenting arrangements (RCW 26.09.002).

## What a Parenting Plan Must Contain

By law, a permanent parenting plan must include provisions for resolving future disputes between the parents, allocation of decision-making authority, and a residential schedule that says in which parent's home each child will reside on given days of the year — including holidays, family birthdays, vacations, and other special occasions (RCW 26.09.184(2), (6)).

The plan also spells out a **dispute resolution process** other than court action — for example counseling, mediation, or arbitration. Preference is given to carrying out the existing plan, and a parent who misuses or frustrates the process without good reason can be ordered to pay the other parent's attorney fees and financial sanctions (RCW 26.09.184(4)).

Two practical points built into the law:

- Either parent may make **emergency decisions** affecting the child's health or safety regardless of how decision-making is allocated (RCW 26.09.184(5)(a)).
- Each parent makes **day-to-day decisions** while the child is with that parent (RCW 26.09.184(5)(b)).
- If one parent violates the plan, that does **not** excuse the other parent from following it; noncompliance can lead to a **contempt of court** finding (RCW 26.09.184(7); RCW 26.09.160).

## How a Judge Decides the Residential Schedule

When parents cannot agree, the court builds the residential schedule from the factors in RCW 26.09.187(3). Washington law gives **the greatest weight to one factor: the relative strength, nature, and stability of the child's relationship with each parent**. The other factors are:

- The parents' agreements (if made knowingly and voluntarily);
- Each parent's past and potential future performance of **parenting functions** — defined in RCW 26.09.004 — including which parent took greater responsibility for the child's daily needs;
- The child's emotional needs and developmental level;
- The child's relationship with siblings and other significant adults, and involvement with school and activities;
- The wishes of the parents and of a child who is mature enough to express reasoned, independent preferences; and
- Each parent's employment schedule, with accommodations consistent with those schedules (RCW 26.09.187(3)(a)).

Washington does not presume any particular split of time, and the court must not draw presumptions from any temporary parenting plan entered earlier in the case (RCW 26.09.191(2)(a)).

## Safety Limits and Restrictions

Parents are responsible for protecting their children's health and well-being, and RCW 26.09.191 requires or allows the court to **limit a parent's residential time** when certain conduct exists.

**Conduct that requires limits** (RCW 26.09.191(4)(a)–(b)):

- Willful abandonment that continues for an extended period;
- Physical abuse, or a pattern of emotional abuse, of a child;
- A history of acts of domestic violence (as defined in RCW 7.105.010), an assault causing grievous bodily harm or fear of such harm, or any sexual assault;
- Sexual abuse of a child; and
- Knowingly residing with a person who has engaged in such conduct.

**Conduct that may lead to limits** (RCW 26.09.191(4)(c)) includes neglect or substantial nonperformance of parenting functions; long-term emotional or physical impairment; long-term drug or alcohol impairment; absence or substantial impairment of emotional ties; "abusive use of conflict" that endangers the child's psychological development; and withholding the child from the other parent for a protracted period without good cause. Note: reporting abuse or seeking a protection order in good faith ("protective actions") does not count as abusive use of conflict (RCW 26.09.191(3)(a), (e)).

**What the court can order** (RCW 26.09.191(4)(d)):

- **Supervised visitation**, with a presumption that supervision is by a **professional supervisor** — a lay supervisor is allowed only in limited circumstances (geographic isolation or demonstrated indigency) (RCW 26.09.191(4)(d)(i)(A));
- **Evaluations or treatment** (for domestic violence perpetration, substance use, mental health, or anger management), with residential time possibly conditioned on completion;
- **No contact** at all, if limits would not adequately protect the child.

When a parent has committed abandonment, abuse, domestic violence, or assault, the court must also order **sole decision-making** for the other parent and **no dispute resolution except court action** (RCW 26.09.191(5)). Where domestic violence has been found, there is a rebuttable presumption of sole decision-making, and the court must **not require face-to-face mediation** or other interventions that force the parties into the same space (RCW 26.09.191(6)(b)). The court may decline to impose these limits only with express written findings based on **clear and convincing evidence**, addressing specific factors such as current risk and the parent's acknowledgment of past harm (RCW 26.09.191(6)). Cases involving a parent convicted of a sex offense against a child are governed by the stricter rules of RCW 26.09.192.

## Temporary Orders While the Case Is Pending

Family law cases can take many months. While the case is pending, either party may ask for **temporary orders** — including temporary support and orders restraining a party from removing a child from the court's jurisdiction, or from disturbing the other party (RCW 26.09.060). Emergency (ex parte) orders issued without notice to the other side may last no more than 14 days, or up to 24 days by court order in specified circumstances (RCW 26.09.060(3)).

## Moving With a Child (Relocation)

Washington has a detailed relocation statute, RCW 26.09.405 through 26.09.560, that applies to parenting plans and residential orders. If you want to move with the child, you generally must give the other parent (and anyone else with court-ordered residential time) a **written notice of intended relocation at least 60 days before the move**, served personally or by mail requiring a return receipt. If you did not know the required information in time, notice must be given no more than 5 days after you learn it. The notice must state the reasons for the move, the new address (or as much as is known), and a warning — in exact statutory language — that the other person has **30 days to file and serve an objection**, or the relocation will be permitted (RCW 26.09.440).

A person objecting must file an objection (a petition to modify the parenting plan or similar proceeding) **within 30 days** of receiving the notice. After an objection is filed, the relocating person generally cannot move the child's principal residence without a court order while the objection period or a scheduled hearing is pending (RCW 26.09.480).

There is a **rebuttable presumption that the relocation will be permitted**. The objecting person must show the detrimental effect of the move outweighs its benefit, using 11 unweighted factors in RCW 26.09.520 — including the strength of the child's relationships, the good faith of each party, the child's age and needs, the quality of life and opportunities in each location, and the feasibility of the other parent also relocating (RCW 26.09.520).

## Changing (Modifying) a Parenting Plan

Final parenting plans are meant to be stable. The court will not modify one unless, based on facts arising since the plan (or unknown at the time), there has been a **substantial change in the circumstances of the child or the nonmoving parent, and the modification is necessary to serve the child's best interests** (RCW 26.09.260(1)). The court keeps 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, or the nonmoving parent has been found in contempt at least twice in three years for failing to comply with residential provisions or convicted of custodial interference (RCW 26.09.260(2)–(3)).

There are important exceptions:

- **Minor adjustments** — changes of no more than 24 days per year, changes driven by the other parent's move or involuntary work-schedule change, or increases up to 90 overnights per year in limited cases — can be made on a showing of substantial change without the full best-interests inquiry (RCW 26.09.260(5)).
- **Relocation-based changes** proceed under the relocation statute without a separate adequate-cause hearing (RCW 26.09.260(6)).
- The court may **reduce or restrict contact** at any time if needed to protect the child, using the limitation criteria of RCW 26.09.191 and 26.09.192 (RCW 26.09.260(4)).

## Unmarried Parents

If the parents were never married, legal parentage must generally be established before a parenting plan can be entered. Parentage is established by a voluntary **Acknowledgment of Parentage**, or through a court proceeding to adjudicate parentage under Washington's Uniform Parentage Act, chapter 26.26A RCW. An order determining parentage can include child support and, "on the same basis as provided in chapter 26.09 RCW," residential provisions — though a full parenting plan is not required unless a party asks for one (RCW 26.26B.020(6)–(7)). After an acknowledgment is beyond rescission, a parent can start a judicial proceeding "In re the parenting and support of [child]" to obtain a parenting plan and support order (RCW 26.26B.130).

## Non-Parents: Guardianship and Visitation

A person who is **not a legal parent cannot get a parenting plan** in Washington. Since 2021, what used to be called "non-parent custody" is obtained through a **minor guardianship** case under chapter 11.130 RCW, where the court can award a residential schedule for the child. A relative (such as a grandparent) who wants the right to visit a child can separately petition for **nonparental visitation** under chapter 26.11 RCW ("Nonparental child visitation — relatives") (WashingtonLawHelp.org, Parenting Plan Guide, reviewed 07/25/2025).

## Which Court Can Hear the Case (Jurisdiction)

Washington can make an initial custody determination only if it is the child's **home state** — generally where the child has lived with a parent or person acting as a parent for the six months before the case is filed — or under limited fallback rules involving significant connections and substantial evidence (RCW 26.27.201). If the child has lived in another state within the last six months, or another state has already issued custody orders, talk to a lawyer before filing (WashingtonLawHelp.org, Parenting Plan Guide).

## Where to Get Help

- **WashingtonLawHelp.org** — free plain-language guides and form packets (Northwest Justice Project), including the Parenting Plan Guide and Relocation Guide.
- **courts.wa.gov/forms** — official pattern forms for parenting plans, temporary orders, and modifications.
- **legalvoice.org** (Legal Voice) and **WSBA.org** (Washington State Bar Association) — referral services and legal resources.
- **Washington State CLEAR hotline 1-888-201-1014** — free legal aid intake (WashingtonLawHelp.org).

*Sources: RCW 26.09.002, 26.09.004, 26.09.060, 26.09.160, 26.09.184, 26.09.187, 26.09.191, 26.09.192, 26.09.260, 26.09.405–26.09.560 (including 26.09.440, 26.09.480, 26.09.520), 26.27.201, 26.26A, 26.26B.020, 26.26B.130, 26.11, 11.130, all verified against app.leg.wa.gov; WashingtonLawHelp.org Parenting Plan Guide (07/25/2025).*