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Child custody can be an emotionally charged issue in a divorce proceeding in Seattle, WA. Any time custody issues arise, the parties may find themselves fighting to protect their children and their rights. If you are in a custody battle, you need an experienced Seattle child custody lawyer from Twyford Law Office on your side. Contact us at (206) 590-7085 to learn how we can help you and your child by scheduling a free case review.
At Twyford Law Office, we have decades of combined experience representing people in child custody matters. We strive to provide exceptional legal services and personalized solutions for our clients.
One of the most challenging issues in a divorce is determining who receives custody of the couple’s children. Generally, both parents want what is best for their children, but they may vehemently disagree on who should have custody. Sometimes, those disagreements can lead to heated disputes.
Our Seattle divorce lawyers are recognized locally and nationally for their knowledge and services. The National Association of Distinguished Counsel recognizes Attorney Julie A. Twyford as one of the Nation’s Top One Percent of Lawyers. She has built a team of legal professionals who are dedicated to helping clients achieve their goals.
In addition to aggressively representing our clients in court, we are resourceful negotiators who use mediation to resolve cases whenever possible. We’re available to our clients 24/7 to provide the support and guidance they need as they fight to protect their rights.
When you hire our top-rated child support and custody attorneys, you can trust that we will:
Our attorneys believe your children’s welfare should be the priority. We will help you find a way to protect your children while retaining your ability to continue a close relationship with them. Contact us to get started.
When the courts decide on these matters, they must determine if one or both parents will have legal and physical custody of their children. It is essential to understand the difference between these two types of custody.
The court may grant either parent legal custody, which is the right to make life decisions that impact the child.
This form of custody gives a parent the right to decide:
Importantly, the parent with legal custody is not required to ask the other parent for input or consider their input.
The law encourages parties to share legal custody whenever possible so that each parent participates in the child’s upbringing. However, if a parent is unfit, the judge may grant sole legal custody to the other parent.
This concept refers to which parent the child lives with, either part-time or full-time. The specific details regarding how many overnights the child spends in a parent’s home can be addressed in the parenting plan.
However, even with joint custody, the child typically lives primarily with one parent for stability and continuity. That parent is referred to as the custodial parent. A judge may grant sole custody of this type to one parent and limit visitation if the other parent is unfit.
The courts encourage parents to co-parent effectively and develop a parenting plan, which provides the details of the arrangement. It is a legally enforceable agreement incorporated in the court’s final order.
However, if parents cannot agree on terms, the court must decide. Judges base their decisions on the best interests of the child.
This standard requires judges to consider factors hat maintain the child’s health, growth, care, and stability. Washington law directs that the relationship between a parent and child should be “fostered” unless it could be harmful to the child. The law promotes continuing a close parent-child bond for the child’s welfare.
Factors that may be considered include, but are not limited to:
In addition to the above, the court will consider evidence that a parent is unfit. Each circumstance is unique and decided individually.
However, some of the things to be considered are:
The overall priority is to select a legal and physical custody arrangement that allows the parents and child to maintain a loving, nurturing, and stable lifestyle while protecting the child from harm.
A judge may appoint a Guardian ad Litem (GAL) as well. The person is an independent, impartial third party. The GAL files a report with recommendations for the parenting plan. The judge is not required to follow the recommendations as they are only one element to consider.
In Washington, parents who share custody have to complete a parenting plan, which records how time-sharing and parental responsibility will work after parents finalize a divorce. Parents may propose it if they can voluntarily agree on major issues. Alternatively, the court will create a temporary or final order detailing the major terms of the plan.
A parenting plan must express:
A parenting plan serves the best interests of the child affected. An experienced attorney can help you create a proposal or plan that works for you and your children.
Creating a plan that is agreeable to both parents can be difficult. An experienced attorney can help you advocate and negotiate the terms that are best for your child and most important to you.
At Twyford Law Office, our lawyers will help you create an agreement that:
We’ll walk you through the entire parenting plan and time-sharing process, asking targeted questions to get to the heart of what’s best for you and your child. We’ll help you identify what’s important to you and advocate for your interests in the parenting plan. Contact our lawyers in Seattle to get started with your case today.
Typically, a child primarily stays with one parent over the other. However, parenting plans are flexible and can be customized in numerous ways depending on a family’s situation and a child’s needs.
A non-custodial parent must have at least one weeknight visit with their child and visitation every other weekend. However, the parents may agree to a different visitation schedule in the parenting plan. Additional visitation may be granted in some circumstances.
Children grow up, and life events change a parent’s circumstances. The law recognizes that parents may need to modify existing orders. However, there must be a substantial change in circumstances.
The parent requesting the change must file a Petition for Modification with the court requesting an adjustment to the current child custody decree and parenting plan. The petition must explain how the proposed changes are best for the child and how the changes constitute a “substantial change” in circumstances.
At the hearing, evidence is heard supporting the petition. The other parent may offer evidence disputing the change. From there, a decision will be made regarding whether there is adequate cause to change the arrangement.
To learn more about how to protect yourself and your children in a custody battle, Contact us today at (206) 590-7085 for a free meeting with an attorney. Our Seattle child custody attorneys will strive to reach an arrangement that works for you and your family, but we are ready to fight fiercely in court if necessary.
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814 Second Avenue 515,
Seattle, WA 98104
(206) 590-7085
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430 W Indiana Ave,
Spokane, WA 99205
(509) 327-0777
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Bellevue, WA 98007
(425) 517-3350.
