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A Seattle visitation lawyer could help with child custody and visitation disputes during divorce or separation, as these are often highly emotional and complicated. Questions about where the children will live, how often they will see the parent they do not live with, and more can all become contentious issues during a custody battle.
Knowing how child visitation works and the factors the court considers can help parents navigate the legal process and protect their parental rights. Reach out to one of our experienced family attorneys at Twyford Law Office for help understanding your options, advocating for your relationship with your child, and working toward a visitation arrangement that serves your family’s best interests.
Child visitation, often called parenting time, refers to the legally defined time a non-custodial parent spends with their child. In Washington, courts typically favor creating a comprehensive parenting plan rather than strictly defining custody and visitation. This plan details each parent’s duties, sets the residential schedule, determines decision-making authority, and covers other aspects of the child’s upbringing.
In a typical case, courts must determine physical and legal custody. For physical custody, one parent may be designated as the primary residential parent, and the other parent may be granted visitation rights. Legal custody is more about decision-making power over major decisions involving the child, such as what type of education or medical care they receive or which religion they may practice. Even if a parent does not have physical custody, they may still share joint legal custody with the other parent. A visitation attorney in Seattle can help you understand each type of custody.
Visitation can take several forms, depending on the circumstances of the parents and the child’s needs, and a Seattle lawyer can help explain them. Typically, the non-custodial parent has regular, scheduled visits with the child. This often includes alternating weekends, holidays, or part of summer vacation. These types of arrangements work best when both parents can agree to live within a reasonable distance of one another.
If one parent needs to move elsewhere, making regular and in-person visitation impractical, the courts could order virtual visitation. This allows parents to connect with their non-custodial children by using video or phone calls.
If there are concerns about the child’s safety or well-being when in the presence of the non-custodial parent, the court may order supervised visitation. In these cases, visitation can only take place if the child is accompanied by a third party, such as another family member or a social worker. In extreme cases, the court could deny visitation rights altogether if it determines that any contact would be detrimental to the child’s well-being.
Washington uses the best interests of the child standard to determine custody and visitation arrangements. This means that the court will make decisions based on what is best for the child’s emotional, physical, and psychological well-being, rather than focusing on the parents’ desires or convenience.
When creating a parenting plan, the court considers several factors, which a Seattle visitation attorney can help clarify. The first is the child’s relationship with each parent. The court evaluates the child’s current relationship with each parent and considers factors such as who is the primary caregiver and how bonded each parent is with their child. The second factor is the child’s emotional and developmental needs, and the parent’s ability to meet those needs. This includes being able to provide for basic needs, such as food, shelter, healthcare, and emotional support.
Courts may take into account any allegations of domestic violence or abuse and could deny visitation to one parent if necessary for the child’s safety and well-being. Finally, the court will also consider the preferences of each child and the parents’ willingness to cooperate in meeting the requirements of the parenting plan.
There are few issues that can cause more stress than custody disagreements. Understanding how the courts work helps, but it does not replace the advice of trusted counsel.
If you are facing a custody dispute, it is important to feel confident with your legal team. Contact a Seattle visitation lawyer at Twyford Law Office for dedicated legal guidance and support.
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