Child Custody Lawyer In Tacoma WA
Few things in life matter more than your relationship with your children. When you’re facing separation or divorce, decisions about where your children will live, how much time they spend with each parent, and who makes important decisions about their lives can feel overwhelming and scary.
At Schroader Law, we help parents in Tacoma and Pierce County work through custody and visitation issues with a focus on what actually serves children’s needs. Washington doesn’t use the terms “custody” and “visitation” the way some other states do. Instead, we use parenting plans that spell out the details of how parents will share time and responsibilities. We’re here to help you create or modify a parenting plan that protects your rights and puts your children first.
Legal Custody vs Physical Custody In Washington
Washington State uses different terminology than many other states when it comes to child custody. Instead of “custody” and “visitation,” Washington law focuses on parenting plans that address two main areas: decision-making authority and residential time.
Decision-Making Authority (Legal Custody)
Decision-making authority is what other states call legal custody. It refers to who makes major decisions about your children’s lives, including education, healthcare, religious upbringing, and extracurricular activities.
In Washington, parents can share decision-making jointly, where both parents must agree on major decisions. Alternatively, decision-making can be allocated to one parent for certain areas or all areas. Courts generally prefer that parents share decision-making when they can communicate effectively and cooperate, but when there’s a history of conflict, domestic violence, or inability to work together in high-conflict divorce situations, the court may give one parent sole decision-making authority.
Residential Time (Physical Custody)
Residential time refers to the actual time children spend with each parent. This is what other states call physical custody or visitation. Washington parenting plans spell out exactly when children are with each parent, including weekdays, weekends, holidays, school breaks, and summer vacation.
One parent is usually designated as the primary residential parent, meaning the children live with that parent most of the time. However, Washington encourages both parents to have frequent and meaningful contact with their children when it’s safe and appropriate. Many parenting plans provide substantial time with both parents, even when one parent has more residential time overall.
The terms “custody” and “visitation” still come up in conversation, but Washington courts use the parenting plan framework to address these issues in more detail and with more flexibility than the old custody model allowed. All parenting plans must also address child support, as financial support and parenting time are interconnected parts of every custody case.
Factors Washington Courts Consider In Custody Cases
When parents can’t agree on a parenting plan, the court must decide what arrangement serves the best interests of the children. Washington law provides specific factors courts consider when making these decisions.
According to RCW 26.09.187 and RCW 26.09.002, the best interests standard focuses on maintaining a child’s emotional growth, health, stability, and physical care. Courts look at the whole picture of each child’s life and needs.
The Parent-Child Relationship
The most important factor is the relationship between each parent and the child. Courts look at the emotional bonds, attachment patterns, and the history of care. Which parent has been primarily responsible for the child’s daily care? Who helps with homework, attends school events, takes the child to doctor appointments, and provides emotional support? The quality and consistency of these relationships matter more than simply counting hours.
Each Parent’s Wishes and Agreements
Courts consider what each parent is asking for and whether parents have been able to reach any agreements. If parents agree on a parenting plan and enter into it knowingly and voluntarily, courts will generally approve it as long as it meets legal requirements and serves the children’s best interests.
The Child’s Relationship With Siblings and Extended Family
Children benefit from maintaining connections with siblings, grandparents, and other important people in their lives. Courts consider how different parenting arrangements would affect these relationships.
The Child’s Adjustment to Home, School, and Community
Stability matters. Courts look at how well children are doing in their current environment, including their school, friendships, activities, and community connections. Disrupting a child’s stability requires good reasons.
Each Parent’s Ability to Care for the Child
Courts assess each parent’s ability to meet the child’s needs, including physical care, emotional support, and providing a stable home environment. This includes looking at work schedules, living arrangements, support systems, and parenting skills.
The Child’s Preference
Older children’s preferences may be considered, especially teenagers. The weight given to a child’s preference depends on the child’s age, maturity, and the reasons behind their preference. Courts won’t let young children make these decisions, but they will listen to what older children have to say.
History of Domestic Violence, Abuse, or Neglect
Safety is paramount. If there’s a history of domestic violence, child abuse, neglect, or substance abuse, courts take that very seriously. RCW 26.09.191 provides specific limitations on parenting time when there are safety concerns. Courts may require supervised visitation, treatment programs, or other restrictions to protect children.
Washington law creates a rebuttable presumption that a parent who has perpetrated domestic violence shall not be placed in sole custody, joint custody, or unsupervised contact with the child. This presumption recognizes that abuse of one parent affects the children and their safety, even when the children themselves are not directly abused. Cases involving domestic violence often require specialized safety planning and detailed provisions to protect both the victim parent and the children.
These factors work together to paint a complete picture of what arrangement will best serve each child’s needs in Tacoma, Pierce County, and throughout Washington State.
Custody and Visitation Schedules In Pierce County
Parenting plans must include a specific residential schedule that spells out when children are with each parent. There’s no one-size-fits-all schedule. The right schedule depends on your children’s ages, your work schedules, the distance between homes, and what works for your family.
Common Parenting Schedule Patterns
Many families in Tacoma and Pierce County use one of several common schedule patterns. Some parents alternate weeks, where children spend one full week with each parent. This works well for older children and when parents live relatively close to each other.
Other families use a pattern where children are with one parent during the week and the other parent on weekends. A common variation is the “every other weekend” schedule where children spend weekdays with one parent and alternate weekends with the other parent.
For parents who both want significant time, a 2-2-3 schedule can work. Children spend two days with one parent, two days with the other parent, then three days with the first parent, and the pattern repeats. This provides frequent contact with both parents but involves more transitions.
Some families customize schedules based on work schedules, school calendars, and children’s activities. The key is creating a schedule that provides consistency while allowing both parents meaningful time with the children. In high-conflict divorce situations, more detailed schedules with specific exchange times and locations can reduce opportunities for disputes.
Holidays, Vacations, and Special Occasions
Parenting plans must address holidays, school breaks, and summer vacation. Most plans alternate major holidays between parents so children can celebrate with both families. Spring break, winter break, and summer vacation are typically divided or alternated as well.
Birthday celebrations, Mother’s Day, Father’s Day, and other special occasions should be addressed in the plan to avoid confusion and conflict later.
Considerations for Different Ages
Schedules for infants and toddlers often involve more frequent transitions and shorter time periods with each parent to maintain attachment and routine. As children grow older, they can handle longer periods with each parent and fewer transitions.
School-aged children benefit from schedules that minimize disruption to school, homework, and activities. Teenagers may need more flexibility to accommodate their own schedules, social lives, and preferences.
The goal is a schedule that works for your children at their current stage while remaining flexible enough to adjust as they grow and circumstances change. If you need to adjust an existing schedule, you may need to seek a modification of your parenting plan through the court.
Parental Relocation Issues In Washington
What happens when one parent wants to move? If you or your child’s other parent plans to relocate, Washington’s Child Relocation Act (RCW 26.09.405 through RCW 26.09.560) sets out specific rules and procedures you must follow.
When the Relocation Act Applies
The Child Relocation Act applies when a parent has the child at least 45 percent of the time under the parenting plan and wants to move the child’s residence to a location outside the child’s current school district. If you have your child less than 45 percent of the time, different rules apply and you would generally need to seek a modification of the parenting plan rather than following relocation procedures.
The Required 60-Day Notice
If your planned move triggers the Child Relocation Act, you must provide written notice to the other parent at least 60 days before the intended move. This notice must include specific information including the address of the new residence, new mailing address and phone number, the name and address of the child’s new school or daycare, the date of the intended move, and a proposed revised parenting plan.
This 60-day notice requirement is not optional. Failing to provide proper notice can result in contempt of court and other serious consequences. The notice period gives the other parent time to consider how the move affects their relationship with the child, consult with an attorney, and decide whether to object.
The 55% Custody Threshold and Presumption
If you have the child more than 55 percent of the time under your parenting plan, Washington law grants you a rebuttable presumption in favor of permitting the relocation. This means the court starts with the assumption that your relocation should be allowed, and the burden is on the other parent to prove why it shouldn’t be permitted.
If the other parent objects to the relocation, they must file their objection with the court within 30 days of receiving your notice. The court will then hold a hearing to determine whether the relocation should be permitted.
Factors Courts Consider in Relocation Cases
When a parent objects to relocation, courts consider multiple factors including the relative strength and quality of the child’s relationship with each parent, whether the relocating parent’s reasons for the move are legitimate and in good faith, whether the other parent’s reasons for opposing the move are in good faith, whether the relocation would allow for a realistic opportunity for the other parent to maintain a relationship with the child through adequate visitation, and the effect of the move on the child’s emotional, physical, and developmental needs.
Relocation cases can be complicated and emotionally difficult for everyone involved. Courts try to balance the relocating parent’s legitimate reasons for moving against the potential impact on the child’s relationship with the other parent. Understanding parental relocation laws is important to protecting your rights whether you’re the parent who wants to move or the parent opposing the move.
Why Choose Schroader Law For Child Custody Cases
Child custody and parenting plan cases require careful attention to both the legal requirements and the practical realities of raising children in two households. At Schroader Law, we handle these matters with close attention to what will actually work for your family in Tacoma and Pierce County.
Here is how we approach child custody and visitation cases:
Focus on Children’s Best Interests – We help you present a clear picture of your relationship with your children, your involvement in their daily lives, and why your proposed parenting plan serves their needs. Courts want to see evidence of meaningful, consistent parenting.
Detailed Parenting Plans – We draft parenting plans that address the details courts require while also anticipating common sources of future conflict. Clear language about schedules, holidays, decision-making, and communication can prevent problems down the road. In high-conflict divorce situations, we build in extra specificity to reduce opportunities for disputes.
Safety Planning When Needed – When there are concerns about domestic violence, substance abuse, or other safety issues, we work to build appropriate protections into the parenting plan, which may include supervised visitation, restrictions on contact, or other measures to keep children safe. Washington law provides specific protections for victims of domestic violence, and we ensure those protections are properly incorporated into custody orders.
Realistic Scheduling – We help you think through schedules that work with your actual work hours, your children’s school and activities, and the distance between homes. A schedule that looks good on paper but doesn’t work in real life sets everyone up for frustration and repeated modifications.
Our focus is on building parenting plans that serve your children’s needs while protecting your relationship with them.
FAQs About Child Custody and Visitation In Tacoma
- What is the difference between legal custody and physical custody in Washington?
A. Washington doesn’t use those exact terms. Instead, parenting plans address decision-making authority (who makes major decisions about the children) and residential time (when children are with each parent). Decision-making can be shared or allocated to one parent. Residential time is spelled out in a detailed schedule.
- How do Washington courts decide custody?
A. Courts use the best interests of the child standard. They look at factors including the parent-child relationship, each parent’s ability to care for the child, the child’s adjustment to home and school, any history of domestic violence or abuse, and other factors outlined in state law. The parent-child relationship is given the most weight.
- Can my child choose which parent to live with?
A. Washington law allows courts to consider a child’s preference, especially for older children and teenagers. However, children do not get to decide custody. The court considers the child’s preference along with all other factors and gives it weight based on the child’s age, maturity, and reasoning.
- What is a parenting plan?
A. A parenting plan is a court order that spells out decision-making authority, residential schedules, how parents will handle disputes, and other details about raising children in separate households. All parents in Washington who are separating must have a parenting plan that also addresses child support, whether they agree on the terms or the court decides.
- Can I move out of state with my children after divorce?
A. It depends. If you have your child at least 45 percent of the time and want to move outside the school district, you must follow Washington’s Child Relocation Act, which requires 60 days’ notice to the other parent. The other parent can object, and the court will decide whether to permit the move. Understanding parental relocation requirements is important before making any move.
- What happens if the other parent violates the parenting plan?
A. If the other parent isn’t following the court-ordered parenting plan, you can seek enforcement of court orders through the court. Violations can include denying you parenting time, failing to return the children on time, or not following other provisions of the plan. Courts can impose consequences for violations.
- Can a parenting plan be changed later?
A. Yes. Parenting plans can be modified when there’s a substantial change in circumstances that affects the child’s welfare. This might include a parent’s relocation, changes in work schedules, concerns about the child’s safety, or the child’s changing needs as they grow older. You would file a petition to modify the parenting plan with the court.
- Do I need a lawyer for a custody case?
A. While it’s legally possible to represent yourself, custody cases involve complicated legal standards, specific procedures, and decisions that will affect your children for years. Having an experienced child custody attorney helps you present your case effectively and protect your relationship with your children, especially in high-conflict divorce or domestic violence situations.
- How long does a custody case take in Pierce County?
A. The timeline varies widely depending on whether you can reach agreement or need a trial. If parents agree on a parenting plan, it can be finalized relatively quickly. Contested cases that go to trial can take several months or longer, especially when there are safety concerns or complex issues to resolve.
Protect Your Relationship With Your Children
The decisions you make now about parenting plans, schedules, and custody arrangements will affect your relationship with your children for years to come. These decisions deserve careful thought, clear planning, and skilled guidance.
At Schroader Law, we handle child custody and parenting plan cases in Tacoma and Pierce County with attention to both legal requirements and practical realities. Our aim is to help you build a parenting plan that serves your children’s needs while protecting your role in their lives.
Contact us to schedule a consultation. We will talk about your situation, your children’s needs, and what you’re hoping to achieve. Then we’ll outline practical steps to move forward.
Your children need you in their lives. Reach out to Schroader Law and let us help you protect that relationship.