The state of Washington has developed laws and procedures governing child custody matters to ensure that children of divorced or separated parents continue to receive the same level of care as when the parents were together. These laws are found in the Washington State Revised Code in Title 26. Within these statutes you can find information on custody requirements and visiting hours. This information is crucial for parents to understand, because they must make a custody schedule that the court will accept and maintain. Here is a brief description of some of the rules that guide visiting hours.
1. The court can order a shared parenting schedule. Title 26 gives the court the authority to order a shared parenting schedule for custody and visitation hours. A shared parenting schedule means that the child frequently alternates residence between the parents’ homes. Parents can also agree to this type of schedule before going to court. Obviously, this has a big impact on the custody schedule that parents create. Some of the factors the court considers in deciding to order this schedule are: whether the parents have been able to cooperate previously, whether the parents agree to the arrangement, whether the parents live close to each other, whether either parent has abandoned the child in the past, if it is in the best interest of the child, etc.
2. The court makes all custody decisions in the best interest of the child. In the first section of Title 26, the law specifically states that the court uses the standard of what is in the best interest of the child to make custody decisions and assign parental authority. Parents should focus on this standard as they create their custodial schedule. The parent’s schedule should be based on the child’s physical, emotional, and mental needs. The child should have enough time with each parent to receive care and continue to develop relationships. The Washington court will not accept anything that does not benefit the child.
3. The schedule should support the child’s emotional growth, physical health, and mental health. The law has stated that a schedule that is in the best interest of the child will maintain the emotional growth, physical health, and mental health of the child (this is found in Title 26). Parents should think about all of these things when creating the visiting schedule. To help ensure that the schedule meets this requirement, the court will consider: the relative strength, nature, and stability of the child’s relationship with each parent; the daily roles that the parents fulfilled before separating; each parent’s past performance and future potential of parenting duties; the emotional needs and developmental level of the child; the child’s relationship with siblings and other influential people in the child’s life; the wishes of the parents and the child; and parents’ work schedules. All of these factors influence how the custody and visitation schedule should be carried out.
