Physical child custody in Seattle refers to the schedule that determines when your children spend time with each parent after a divorce or separation. This is what most parents worry about first when they are facing custody cases, and for good reason. Physical custody is different from legal custody (decision making), which deals with who makes major decisions for your children.

The time you spend with your children is especially important. If you are dealing with these issues, reach out to an experienced child custody attorney at Twyford Law Office for the professional legal guidance you need. Once a final parenting plan has been entered, which determines the parenting time each person gets, physical custody, it is very difficult to change it later.

Will Physical Custody Be Addressed in Your Parenting Plan?

Courts provide divorcing parents with a parenting plan that addresses both legal and physical custody. They determine each in accordance with the child’s best interests.

If you and your child’s other parent are divorcing or separating, the matter of when your kids will be with you is of critical concern, and protecting your parental rights is paramount. If you are wondering, “Where can I find a Seattle lawyer near me who knows how state law deals with a child’s living arrangements?” consider working with a trusted firm such as Twyford Law Office.

Your parenting plan will address your child custody terms regarding:

  • The amount of time your children will spend with each of you
  • The specific schedule for sharing custody (if applicable)
  • Any safety-related limitations on visitation
  • Whether one parent will take on the primary custodial role
  • How and when you will transfer the child between homes

These details help establish a clear, consistent routine for your children and reduce the potential for future conflicts between parents.

Joint Physical Custody

State courts must focus on the child’s best interests in every custody case. Generally, this means both parents continue to spend as much time with them as possible. Optimally, this translates to the parents splitting their time with the kids equally or nearly equally. However, each case is unique, and 50/50 or a shared plan is not the starting point.

This equal division does not always make sense in terms of logistics or the status quo. Courts consider a child’s current living situation and how well it serves them. The state also prioritizes continuity and stability for children in terms of home, school, and community.

Courts determine whether parents will share joint physical custody equally on a case-by-case basis. When it makes more sense for one parent to take on the primary custodial role and for the other to have a visitation schedule, the physical custody orders will reflect this.

For the court to split physical custody equally, the following usually apply:

  • There is no significant reason for the court to limit either parent’s time with the child
  • Both parents have agreed to the arrangement
  • Both parents have a proven history of effective co-parenting
  • The parents live close enough to each other to make an equal split practical
  • An even sharing of time with the children is in their best interests

Your Seattle attorney could help you seek shared physical custody of your children when appropriate.

How Is Parenting Time / Physical Custody Decided?

  • Each child’s needs and each parent’s ability to effectively address them
  • The relative strength, nature, and stability of the relationship between each parent and each child
  • The preference of each child whom the court deems mature enough to participate
  • The degree to which each parent has effectively participated in the children’s lives to date, and what parenting roles they have undertaken
  • The home life stability that each parent can provide
  • Whether there is any history of child abuse, neglect, or domestic violence
  • Each parent’s ability and commitment to achieve effective co-parenting, including supporting the other parent’s healthy, close, and loving relationship with the children
  • Each parent’s work schedule
  • The emotional and developmental needs of the child
  • The child’s relationship with other people, such as siblings or relatives

The Court looks at these factors to determine what custody arrangement is best for the child.

Possible Limitations to Physical Custody

Under certain circumstances, state courts may put limits on the amount of visitation either parent receives with the children. Concerns that often play a key role in custody decisions include neglecting the children, failing to provide them with adequate care, or having a long-term emotional or physical issue—including substance abuse—that interferes with parenting abilities. These are called .191 restrictions. Courts may also consider a lack of emotional connection with the children or a reluctance to co-parent and encourage relationships with the other parent. Additionally, any actions or behaviors that are not in the child’s best interests can influence custody decisions.

If you are asking ,”Where can I find a child custody attorney near me?” our experienced Seattle legal team could help with questions about limitations to physical custody.

Call a Seattle Child Custody Attorney Today To Discuss Physical Residence

Physical child custody in Seattle is a key component of family law matters. At Twyford Law Office, we appreciate the significance of your case and could advise you on your best custody options. We are on your side and here to help, so please do not hesitate to contact us online or give our firm a call today.