Child Custody / Child Support Issues in Seattle
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The Family Law Offices of “insert attorney name” in Seattle practice family law, specifically Child Custody and Child Support issues. These are the most emotional and complex issues in a divorce. We will keep you informed of all developments because we know how important your children are to you.
Child Custody Overview
- In Washington, if children are involved in a divorce, a Parenting Plan must be written before the court will grant the divorce.
- Must outline child custody, visitation and support.
- If the parents cannot agree on a Parenting Plan, the court will do it for them.
- Child support is one of the most highly contested issues in a divorce proceeding.
Determining Custody
- The most important consideration in determining custody is the children’s best interests.
- Agreeing to custody terms with the other parent is the easiest way to resolve child custody issues.
- Both parents have to compromise to resolve any custody issue.
- If you cannot resolve your custody dispute, the court will step in.
- The court will take into consideration:
- The relationship between child and parent
- Care of each parent with the child
- The child’s wishes
- Who does the child turn to when sick or troubled?
- Stability in the home
- Each parent’s daily routine
- Financial capabilities
- Child’s gender and age
Types of Custody
- Joint Custody
- Both parents share custody.
- Both parents work out a schedule together.
- Legal Custody
- Awarded to both parents or to just one.
- Right to make major decisions either together or by yourself:
- Medical care
- Education
- Religion
- Etc.
- If you both have legal custody and one makes a decision alone, you can take legal action to enforce the agreement.
- Physical Custody
- The child lives primarily with one parent.
- Joint physical custody can be awarded – the child lives equally with each parent.
- Sole Custody
- Sole custody is awarded if one parent proves to be unfit.
- Only one parent has legal or physical custody.
- Both parents should still be involved in major decisions.
- The other parent will have visitation rights.
Parenting Act
- Created for the present and future needs of children – how to meet their needs.
- Applies to people who are married or going through a divorce.
- Specifies the duties of each parent and how to resolve any conflicts that come about.
- Tries to reduce the negative effects that are harmful to children during a divorce.
- Shows the importance of the relationship between a child and the parent.
- Provides for positive encouragement to the child during this time.
- Helps parents put together guidelines and standards for the family in the future.
- Refers to a Parenting Plan – see below.
Parenting Plan
- Must be written before a Washington court will grant a divorce or annulment.
- Court-approved written agreement written by both parents together.
- Court order that provides residential schedule for your child.
- The Parenting Plan consists of:
- Residential schedule – where the child will live, contact with each parent
- Decision-making – Who will make decisions (one parent or both)
- Medical
- Education
- Religion
- Disputes – how to settle disputes/problems without the court’s involvement
- Limitations – Restriction of an abusive parent
- Lists the parent that your child will be with for every day in a given year and includes:
- Holidays
- School schedule
- School vacation schedule
- Special occasions
- Plan provides for authority of both parents to make major decisions.
- If you do not agree to a Parenting Plan with your ex-spouse, a judge will create one for you.
Seattle Child Support
- It is the responsibility of both parents to pay for the support of their child until they reach 18.
- Child support payments are made by the non-primary residential parent (non-custodial) to the primary residential parent (custodial).
- This money is used for:
- Food
- Education
- Clothing
- Shelter
- Medical care
- Every day needs
- Washington State law uses an Income Shares model to determine the amount of support to be paid.
- Support is based on the monthly net incomes of each parent plus:
- The number of children involved and their ages
- Financial ability of the non-custodial parent
- Earning ability of the custodial parent
- Time spent with each parent
- Changes to the support are determined by:
- The residential schedule in the Parenting Plan
- Any other children from a previous relationship
- The Division of Child Support in Washington State:
- In charge of administering child support
- Provides you with any information regarding child support issues.
Failure to pay support
- Washington State has laws that enforce payment of child support.
- If you refuse to pay child support, you can be put in jail for up to 6 months.
- You will still be ordered to pay any back support upon your release.
- The law does not accept any excuses for not paying child support – you will be held accountable.
- If you cannot pay support, you should file for a child support modification before you become too delinquent in your payments.
Conclusion
We know you want to care for your children and provide them with a safe home and secure future. Call us at the Family Law Offices of “insert attorney name” in Seattle. We will arrive at an agreement that provides structure and stability for you and your children.
