October 1, 2024
Child custody and visitation are often some of the most emotionally charged and complex issues in a divorce or separation. In Washington, the goal of the courts is to establish a parenting plan that prioritizes the best interests of the child while ensuring that both parents can maintain meaningful relationships with their child. Understanding how child visitation works in Washington and what factors the court considers can help parents navigate the process and protect their parental rights. This post will provide an overview of child visitation rights in Washington, how the courts determine visitation schedules, and what to do if a visitation order needs to be modified. What is Child Visitation? Child visitation, also referred to as parenting time, is the legally established time that a non-custodial parent spends with their child. In Washington, the terms “custody” and “visitation” are not used in the legal sense. Instead, the courts focus on creating a Parenting Plan that outlines each parent’s responsibilities and establishes the residential schedule, decision-making authority, and other arrangements related to the child’s care. In a typical case, one parent may be designated as the primary residential parent (where the child lives most of the time), and the other parent may be granted visitation rights. However, the courts in Washington prefer arrangements that allow both parents to be involved in the child’s life whenever possible. How Does Washington Determine Child Visitation? 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 desires or convenience of the parents. When determining a parenting plan, the court considers several factors, including: The Child’s Relationship with Each Parent The court will evaluate the child’s existing relationship with each parent, looking at factors such as which parent has historically been the primary caregiver and the strength of the bond between the child and each parent. The Child’s Emotional and Developmental Needs The court considers the child’s age, emotional needs, and developmental requirements to ensure that the parenting plan supports the child’s well-being. Each Parent’s Ability to Care for the Child The court assesses each parent’s ability to provide for the child’s daily needs, such as food, shelter, medical care, and emotional support. The Parents’ Willingness to Cooperate Courts prefer to establish visitation schedules that allow both parents to maintain a meaningful relationship with the child. A parent’s willingness to foster a positive relationship between the child and the other parent is an important consideration. History of Domestic Violence or Abuse If there is a history of domestic violence, substance abuse, or child abuse, the court may restrict visitation or require supervised visitation to protect the child’s safety. The Child’s Preference In some cases, the child’s preference may be considered, especially if the child is mature enough to express a reasonable and independent preference. Types of Visitation in Washington Visitation can take several forms depending on the circumstances of the parents and the needs of the child. Some common types of visitation arrangements include: Standard Visitation Schedule In a standard visitation arrangement, the non-custodial parent has regular, scheduled visits with the child. This often includes alternating weekends, holidays, and a portion of summer vacation. Supervised Visitation Supervised visitation is ordered when the court has concerns about the child’s safety or well-being with the non-custodial parent. Visits must take place in the presence of a third-party supervisor, such as a family member, social worker, or a professional supervisor. Virtual Visitation Virtual visitation allows parents to stay connected with their children through video calls, phone calls, or other electronic means. This type of visitation is often used when parents live far apart or when in-person visitation is not feasible. No Visitation In extreme cases, the court may deny visitation rights altogether if it is determined that any form of contact would be detrimental to the child’s well-being. Modifying Child Visitation Orders in Washington As children grow and circumstances change, a visitation schedule that worked well at one time may no longer be appropriate. In Washington, either parent can request a modification of the visitation order if there has been a substantial change in circumstances that affects the child’s best interests. Common reasons for seeking a modification include: Relocation: If one parent wants to move a significant distance away, it may require changes to the visitation schedule. Changes in Work Schedule: If a parent’s work schedule changes, it may impact their ability to adhere to the existing visitation schedule. Changes in the Child’s Needs: As a child grows older, their needs and preferences may change, warranting adjustments to the visitation arrangement. Safety Concerns: If there are new concerns about the child’s safety, such as allegations of abuse or substance use, the court may modify or restrict visitation. To modify a visitation order, the requesting parent must file a Petition to Modify the Parenting Plan with the court. The parent must demonstrate that there has been a substantial change in circumstances and that modifying the visitation order is in the best interests of the child. Enforcing Child Visitation Orders in Washington If a parent is not complying with the visitation order, the other parent can take steps to enforce the order. Common violations include: Refusing to allow scheduled visits. Consistently canceling visits without good reason. Interfering with the other parent’s parenting time. When a parent fails to follow the visitation schedule, the other parent can file a Petition for Contempt with the court. If the court finds that the parent is in contempt, it can impose penalties, including: Makeup visitation time. Fines. Modification of the parenting plan. In severe cases, changes to custody arrangements. Working with a Child Visitation Attorney in Washington Navigating child visitation issues can be challenging, especially when emotions run high and communication between parents is strained. An experienced child visitation attorney can help you: Understand Your Rights and Options: An attorney will explain your rights and the legal options available to you based on the specifics of your case. Negotiate a Fair Agreement: If you and the other parent can reach an agreement, your attorney can help you negotiate terms that protect your interests and your child’s well-being. Represent You in Court: If a resolution cannot be reached outside of court, your attorney will advocate for your rights and present a strong case to the judge. Request Modifications or Enforcement: If circumstances change or if the other parent is not complying with the order, your attorney can help you seek a modification or enforce the existing order. How Johnson Law Firm, P.C. Can Help At Johnson Law Firm, P.C., we understand that child visitation disputes are often stressful and emotionally charged. Our experienced family law attorneys are dedicated to helping parents navigate these challenges and achieve outcomes that serve the best interests of their children. Whether you need assistance with establishing a visitation schedule, modifying an existing order, or enforcing your rights, we are here to provide the guidance and representation you need. If you have questions about child visitation in Washington or need help with your case, contact us today to schedule a consultation. We are here to support you every step of the way.
