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Child Custody Frequently Asked Questions

What are the different kinds of child custody arrangements?

Legal custody, physical custody, sole custody, joint custody.

What are the most common types of visitation arrangements?

  • Alternate weekend visitation with the non-custodial parent
  • Sharing of the child according to fall, spring, summer and winter school breaks
  • Mid-week visitation
  • Alternating holiday visits
  • Alternating birthdays
  • Through open communication between the parents to accommodate different schedules

How will the courts decide who gets custody?

The court will enter a parenting plan, which is a court ordered outline of the custody agreement.  If the parents cannot come to an agreement, the court may appoint a guardian who will make a written report to the court of their assessment of which parent should be given custody.  The court will then make a decision based on this assessment, as well as what is said by the parents and their attorneys.

If my spouse is not abiding by the parenting plan and refuses to let me see my child.  Do I still have to pay child support?

Yes.  Under Washington law, a parent is legally obligated to pay child support regardless of the other parent’s failure to comply with the parenting plan.  If you are having trouble visiting your child even after terms of custody have been established, you should seek attorney intervention.

My child wants to live with me, but against the wishes of my ex.  Aren’t the child’s wishes considered when determining child custody?

In the beginning phases of a child custody case, a child will have the opportunity to express their wishes to the guardian who is assigned to the case.  The older a child is, the more they have a say in which parent they reside with.

Can a child custody agreement be modified in the future?

Yes.  Washington law allows for modifications to many legal agreements, including child custody.  Sometimes issues arise that need to be accommodated, and our legal system thankfully acknowledges this.  Whether it’s your needs, the needs of your spouse, or the needs of your child that make a modification necessary, a Seattle child custody attorney can help. 

If you have further questions regarding child custody, child support or visitation, contact a Seattle Child Custody Lawyer today!

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