Kent Child Custody

When parents separate or divorce in Kent, one of the most significant and emotionally sensitive legal issues involves determining child custody. This overview is designed to help you understand how custody works under Washington law. If you need guidance or have case-specific questions, our experienced Washington State child custody attorneys are here to offer a free consultation and help you make informed decisions.

In Washington, the term "custody" covers two main components: legal custody, which involves making major decisions about a child’s upbringing, and physical custody, which refers to where the child lives. Both elements are handled within a broader legal framework designed to protect the child’s well-being.

Washington courts do not give preference to either parent based on gender. Instead, judges focus solely on what serves the best interests of the child. This includes reviewing each parent’s emotional bond with the child, ability to maintain a stable home, and any history of substance abuse or domestic violence. When possible, the court encourages shared parenting to help the child remain close to both parents.

A parenting plan is a legal document that defines how custody will be managed. It addresses where the child will live, how parents will make major decisions, and what happens if disagreements arise. In all cases involving children, Washington law requires a parenting plan to be submitted. If both parents agree on the terms, the court will likely approve the proposed plan. If not, a judge will create a plan focused on the child's best interests. These plans promote consistency and help reduce future disputes between parents.

Child custody laws in Washington are detailed in RCW 26.09.187, which outlines how permanent parenting plans are crafted. If you’re navigating divorce or separation, you’ve likely asked:

• How do Washington courts determine custody?
  
• Is custody automatically split 50/50?
  
• What’s the difference between legal and physical custody?
  
• Who decides what’s best for the children?

The answers to these questions begin with how the parenting plan is created. Courts encourage parents to collaborate when establishing custody terms, as cooperative arrangements often serve children better than prolonged legal conflict.

One important section to consider is RCW 26.09.187(2)(c), which explains how courts allocate 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 in decision making in each of the areas in RCW 26.09.184(5)(a); and
(iv) The parents' geographic proximity to one another, to the extent that it affects their ability to make timely mutual decisions.”

This section shows how decision-making authority depends on past parental involvement, cooperation, and the ability to work together going forward. Legal custody involves decisions about schooling, medical care, and religious upbringing, while physical custody determines the child’s daily routine and home base.

Section RCW 26.09.187(3)(a) further clarifies the court’s focus on maintaining meaningful relationships:

“The court shall make residential provisions for each child which encourage each parent to maintain a loving, stable, and nurturing relationship with the child, consistent with the child's developmental level and the family's social and economic circumstances.”

Judges want both parents involved—provided it serves the child’s best interests—and will aim for a residential schedule in Kent that reflects that goal.

If you're looking for additional information about parenting plans, including how to request a modification, this guide from Washington Law Help is a helpful public resource. For more information, consult this link about parenting plans.

If you’re a parent in Kent navigating a custody dispute or divorce, you likely have pressing questions about how Washington law handles parenting plans and residential schedules. Below is a comprehensive FAQ that covers the most common concerns for families in Kent, along with direct citations from state law and helpful public resources.

In Washington State, children do not have the legal authority to choose where they will live, regardless of age. However, the court may consider a child’s preferences if they are mature enough to express a clear, independent opinion. This is just one of many factors the court weighs when determining custody, and the child’s wishes must align with what the court finds to be in their best interests. Judges give more weight to a child’s opinion as the child gets older and demonstrates maturity and reasoning.

Statute: RCW 26.09.187
“The court may take into account the wishes of a child who is sufficiently mature to express reasoned and independent preferences as to his or her residential schedule.”

More Information: WashingtonLawHelp – Parenting Plans

Yes. Washington law treats both parents equally in custody matters. Fathers have the same legal right as mothers to pursue 50/50 custody, and courts will award equal parenting time when it serves the best interests of the child. That said, custody outcomes depend on practical factors such as work schedules, each parent’s involvement in the child’s life, and the ability to co-parent effectively. Fathers seeking equal time should be ready to show their commitment to parenting and their ability to maintain a stable, supportive home environment.

Statute: RCW 26.09.187
“The court shall make residential provisions for each child which encourage each parent to maintain a loving, stable, and nurturing relationship with the child.”

More Information: Washington Courts – Parenting Plans

Yes, parenting plans can be modified, but only if you can demonstrate a significant change in circumstances since the plan was entered. Some common reasons include a parent relocating, changes in the child’s needs, noncompliance with the current plan, or new safety concerns. Minor adjustments to the visitation schedule are more straightforward than major modifications like changing primary custody. Any proposed change must support the child’s overall well-being.

Statute: RCW 26.09.260
“The court shall not modify a prior custody decree unless it finds that a substantial change has occurred in the circumstances of the child or the custodial parent.”

More Information: WashingtonLawHelp – Modifying a Parenting Plan

Washington courts use a “best interests of the child” standard when deciding custody. Judges look at several factors, including:

• The child’s emotional bond with each parent
• The stability of each parent’s household
• The child’s adjustment to home, school, and community
• Each parent’s physical and mental health
• Any history of abuse or neglect
• The child’s preferences, if mature enough

The court aims to create an arrangement that gives the child continuity, support, and meaningful contact with both parents whenever possible.

Statute: RCW 26.09.187
“The court shall make residential provisions for each child which encourage each parent to maintain a loving, stable, and nurturing relationship.”

More Information: King County Courts – Parenting Plans

To build a strong custody case, present documentation that highlights your involvement and capacity to care for your child. This can include:

• Parenting logs showing time spent with your child
• Report cards and teacher notes
• Medical records showing routine care and appointments
• Testimony from friends, relatives, or caregivers
• Screenshots or records of communications about co-parenting
• Legal documents, including police or CPS reports, if safety is a concern

Gathering this type of evidence shows the court that you’re engaged, responsible, and focused on your child’s best interests.

Statute: RCW 26.09.191
“The court shall consider any history of domestic violence or the abusive use of conflict by either parent.”

More Information: WashingtonLawHelp – Gathering Custody Evidence

If you're dealing with a custody case in Kent, don’t try to navigate it on your own. The legal system is complex, and what’s at stake is too important to leave to chance. Contact The Law Offices of Jason S. Newcombe today to schedule a free consultation and get the legal support you need to protect your parental rights.