If you're navigating a child custody issue as a parent living in Everett, you're likely feeling the pressure of emotional uncertainty and wondering where you can gather reliable information about your legal situation. Whether you're going through a divorce, responding to an existing parenting plan, or trying to assert your rights as a parent, it’s critical to understand how Washington law, and more specifically, Snohomish County courts, handle these matters. Familiarity with the legal process gives you a stronger position to make informed decisions that prioritize your child's well-being and safeguard your role as a parent.
This guide answers common questions we hear from parents in Everett. It’s designed to help you better understand your options and prepare for what lies ahead as you work to protect your child’s best interests.
How do courts in Snohomish County decide who gets custody of the kids?
In Everett, child custody cases are handled by the Snohomish County Superior Court and follow Washington’s “best interests of the child” standard. Judges evaluate a range of factors, including the child’s emotional connection with each parent, the home stability each parent offers, how well the child is adjusting to school and community life, and any history of abuse, neglect, or substance misuse. The court also considers whether each parent is committed to supporting the child’s relationship with the other parent. These evaluations aim to ensure that custody arrangements promote the child’s physical, emotional, and psychological development.
What kind of parenting plan do I need for custody?
If your case involves children under 18, Washington law requires a parenting plan to be filed with the court. This document outlines how residential time will be divided, who will make key decisions for the child, and how disputes between parents will be handled. In Everett, if both parents can reach an agreement, a joint plan may be submitted for court approval. If there is no agreement, the court will review each party’s proposed plan and enter one that best serves the child’s long-term needs. A well-structured parenting plan reduces conflict and provides stability for both parents and children.
How can I change my custody agreement in Snohomish County?
To modify an existing parenting plan in Snohomish County, you must prove that a significant change has occurred since the original plan was entered. This could involve a parent relocating, evolving needs of the child, or consistent non-compliance with the current plan. The court will require that any proposed change be in the child’s best interests. Some adjustments may require a formal hearing, particularly if primary residential custody is being challenged. Be prepared to offer clear evidence and show how your proposed changes benefit the child.
What are my rights as a parent dealing with a custody case during divorce?
As a parent, you have the right to seek custody, residential time, and a voice in your child’s upbringing. Washington law does not favor mothers or fathers—judges assess each parent’s involvement and capacity to support their child’s growth. You have the right to present evidence, propose a parenting plan, and be heard in court. The law encourages both parents to remain involved in their child’s life when doing so supports the child’s well-being. Parental rights include decision-making, visitation, and participation in the day-to-day aspects of parenting.
Where can I find an experienced child custody lawyer in Everett?
If you're facing a custody issue in Everett, it’s important to work with a family law attorney familiar with Snohomish County court procedures. The right lawyer will guide you through each step, advocate for your rights, and help you develop a strategy that reflects the needs of your child. You can begin by consulting with a local attorney who offers a free initial case review to better understand your legal options.
Parenting plans in Washington must comply with RCW 26.09.187, which governs how decision-making and residential time are determined in custody cases. Whether you're divorcing, separating, or initiating a parenting action, this statute lays the foundation for how custody decisions are made. You may wonder whether a 50/50 split is standard, how authority over medical and educational decisions is allocated, or how conflict resolution is built into the plan.
When possible, courts encourage parents to work together to create a shared plan. A collaborative agreement reduces the likelihood of future legal battles and can make the transition easier for the child. Parenting plans must specify where the child will live, how decisions will be made, and what steps will be taken if disagreements arise.
Under RCW 26.09.187(2)(c), courts use the following criteria to determine decision-making authority:
“Except as provided in (a) and (b) of this subsection, the court shall consider the following criteria in allocating decision-making authority:
(i) The existence of a limitation under RCW 26.09.191;
(ii) The history of participation of each parent in decision making in each of the areas in RCW 26.09.184(5)(a);
(iii) Whether the parents have a demonstrated ability and desire to cooperate with one another…
(iv) The parents' geographic proximity to one another, to the extent that it affects their ability to make timely mutual decisions.”
When deciding where a child should live, courts prioritize continuity and strong parent-child relationships. As stated in RCW 26.09.187(3)(a):
“The court shall make residential provisions for each child which encourage each parent to maintain a loving, stable, and nurturing relationship with the child…”
Judges do not automatically assign a 50/50 schedule. Instead, they assess each family's circumstances, including work hours, school proximity, and caregiving history, to determine what residential schedule offers the most stability and support.
For more information, resources, and downloadable court forms specific to Snohomish County, visit WashingtonLawHelp.org and the Washington Courts website. These resources are especially helpful and will undoubtedly guide you as you navigate the complex waters of Washington State family law.
Child Custody in Everett – Frequently Asked Questions for Parents in Snohomish CountyIf you're facing a child custody matter as a resident of Everett, you're likely dealing with high emotions, legal confusion, and a deep desire to protect your child’s future. Whether you're going through a divorce, responding to a relocation request, or trying to modify an existing parenting plan, understanding how Washington State law applies to cases in Snohomish County can help you take confident, informed action. The Snohomish County Superior Court is committed to prioritizing the best interests of children while encouraging cooperative parenting whenever possible.
Below are answers to frequently asked custody questions from Everett families. These responses offer a reliable starting point for navigating your next legal steps.
What factors does the court consider when determining the best interests of a child in a custody case?Custody decisions are based on the “best interests of the child” standard, as outlined in Washington law. The court looks at a range of factors, such as the child’s emotional connection with each parent, the safety and stability of each household, the child’s adjustment to school and community, and any evidence of abuse, neglect, or substance abuse. The judge also considers how willing each parent is to encourage a strong, healthy relationship between the child and the other parent.
Statute: RCW 26.09.187(3)(a)
“The court shall make residential provisions for each child which encourage each parent to maintain a loving, stable, and nurturing relationship with the child…”
Public Resource: WashingtonLawHelp – Parenting Plans
How are parenting plans affected if a parent living in Everett wants to relocate?
If a parent with primary custody intends to move, whether within Snohomish County or farther away, they are required to provide written notice to the other parent at least 60 days before the planned relocation. The non-relocating parent can object, which may prompt a court hearing. The judge will evaluate the reasons for the move, its effect on the child’s routine and relationship with both parents, and whether an updated parenting schedule can preserve meaningful contact with both parties.
Statute: RCW 26.09.430–480
“A person with whom the child resides a majority of the time shall notify every other person entitled to residential time with the child under a court order…”
Public Resource: Washington Courts – Relocation of a Child
What legal resources are available for Everett parents involved in custody disputes?
Residents of Everett can access several public resources when navigating custody issues. The Snohomish County Superior Court provides helpful information about forms, hearings, and scheduling through its Family Law Court. Although court staff cannot offer legal advice, they can guide you through procedures and point you to relevant materials. In addition, WashingtonLawHelp.org offers self-help packets, legal checklists, and instructions for creating or modifying parenting plans. Mediation is frequently used in custody cases and may even be required before going to trial.
Can a child’s preference influence custody decisions, and is there a required age?
A child’s preference may influence the outcome of a custody case, depending on the child’s age and maturity. Washington law does not set a fixed age, but older children who express thoughtful, independent opinions may have their wishes taken into account. Judges will evaluate whether the preference aligns with the child’s overall well-being and development before giving it weight in the final decision.
Statute: RCW 26.09.187(3)(a)
“The court may take into account the wishes of a child who is sufficiently mature to express reasoned and independent preferences…”
Public Resource: WashingtonLawHelp – Parenting Plan FAQs
What’s the difference between legal and physical custody in Washington, and how are they determined?
Legal custody involves the authority to make significant decisions on a child’s behalf, such as medical care, schooling, and religious upbringing. Physical custody, on the other hand, refers to the child’s living arrangements and how parenting time is divided. Both types of custody are defined in the court-approved parenting plan. The court may award joint or sole legal custody and will base physical custody on what arrangement provides the child with consistency, safety, and emotional support.
Statute: RCW 26.09.184(5)
“The plan shall allocate decision-making authority to one or both parties regarding the children's education, health care, and religious upbringing…”
If you're dealing with a child custody case in Everett, having a clear understanding of your rights and a solid legal strategy is essential to success. The early decisions you make in a custody case can shape your child’s life for years to come. A qualified attorney can help you understand your options, gather evidence, and build a parenting plan that reflects your family's needs.
At The Law Offices of Jason S. Newcombe, we help parents in Everett and throughout Snohomish County resolve custody matters with compassion, clarity, and results. With over 50 years of combined legal experience, we’re here to advocate for your family. Contact us today for a free consultation.
Protect Your Children’s Future with Help from an Everett Custody AttorneyMost everyone who has gone through a divorce will agree that the hardest part is dealing with child custody issues. Deciding who the children will live with a majority of the time can be a contentious issue, as parents are forced to make tough choices and compromise. Every decision you make during your divorce will affect your children, so you should take some time to address these issues with qualified Everett child custody attorneys.
Eventually, both parties will have to come to a consensus on these sensitive issues or seek a decision from the court. For some parents, reaching a mutual decision would be almost impossible without help from Everett child custody lawyers to guide them over each obstacle.
When you retain an Everett custody attorney from our law firm, they work with you directly to try and keep negotiations with your ex-spouse moving forward and make decisions with the best interests of your children in mind. This is made easier by the fact that we work with our Everett clients to establish a set of goals before negotiations begin. By maintaining the focus on your goals, our custody attorneys in Everett provide you with compassionate counsel when you most need it, so that you can get through this difficult time in your life.
Get Help Creating a Parenting Plan with Help from an Everett Custody AttorneyAccording to Washington law, divorcing parents are required to develop a parenting plan that they agree upon or a judge orders. The document will clearly identify which parent the children live with and the time they spend with the other parent. The Plan will also address major decision making on behalf of the children and how disagreements about the Plan between ex-spouses are handled.
Crafting this agreement can be tricky, and our Everett child custody attorneys will work with you to create an agreement that puts the interests of your children first. Negotiations with the other parent are vital during this process and while this is not always easy, our Everett child custody lawyers will be at your side the entire time.
Our Everett child custody attorneys have witnessed firsthand how difficult creating a parenting plan can be. However, our experience in this arena will help you as you formulate an agreement that will directly impact the rest of your child’s life. Our Everett child custody lawyers help you design the parenting plan first while focusing on the goals you initially set forward, and when an agreement is reached we draft the final Parenting Plan which will be signed by the court.
Our Custody Attorneys in Everett Offer a Free ConsultationCreating a parenting plan is just one aspect of your divorce proceedings. However, if child custody issues are on the agenda then you shouldn’t take any chances with the outcome. Your future, and that of your children, will hinge on the actions you take right now. Contact our law office today and speak with one of our experienced Everett family law attorneys.