The issue of child custody may arise in a variety of cases, such as
A child's residential schedule and other co-parenting issues are typically addressed in a court order called a Parenting Plan. When contested, child custody is perhaps the most important issue for parties in a divorce, modification, or non-parental custody case. However, the phrase "child custody" is sometimes mistaken to mean that the parent designated as the "custodial parent" enjoys greater rights than the other parent. A parent who is named the custodial parent in a parenting plan is designated as such for purposes of state laws other than the laws related to divorce or parenting plans. Unless there is a basis to order restrictions or limitations, both parents maintain their parenting rights and the issue is typically narrowed down to creating an appropriate residential schedule for the child and parents.
The non-custodial parent normally retains his or her parental rights under the parenting plan, including residential time and decision making, regardless of custodial designations. Parental rights such as a residential time with the child, decision making participation, and other aspects of the parent/child relationship are only limited upon legal findings of abuse, neglect, or other factors which the court concludes has or will negatively impact the best interests of the child.
In non-parental custody cases it is fairly typical to have increased restrictions on parental rights, as the court must find the parents unfit or unwilling to meet parental responsibilities in order to award custody of the child to the petitioner (often times the grandparent).
Some of our attorneys, including Sharon Friedrich and Justin Sedell, focus their practice on high conflict child custody cases, such as cases involving sexual abuse allegations, domestic violence, or drug or alcohol abuse where limitations on the parent/child relationship are being sought, such as no contact, limited contact, or supervised contact between parent and child. These cases are often highly complex, and it is critical that they be managed strategically from the very beginning of the case.
Each McKinley Irvin child custody attorney is experienced in Washington State law regarding parenting plans, residential schedules, and child custody. We have effectively represented hundreds of clients in divorces and other family law actions involving both contested and agreed child custody and parenting plan cases.
Our child custody attorneys understand these cases are often highly emotional and can be profoundly consequential to our clients and their children. Our attorneys ensure that each client understands the strengths and weaknesses of their particular case so they can make the best decision for themselves and their families.
If you are thinking about filing a divorce, parenting plan modification, non-parental custody action, paternity case, or other family law action involving child custody, we invite you to contact our firm for a consultation appointment.
McKinley Irvin proudly serves Washington State with offices in Seattle, Bellevue, Tacoma, Puyallup and Gig Harbor.
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