The law in plain words
Under RCW 26.09.002, "the best interests of the child shall be the standard by which the court determines and allocates the parties' parental responsibilities."
Wondering who usually ends up with custody? Our page on the chances of getting full custody in Washington explains what the figures can and cannot show.
Parenting plans instead of custody
Washington courts generally do not use the words custody and visitation. Most cases end with a parenting plan, which has three parts.
| Older word | Washington's term |
|---|---|
| Physical custody and visitation | Residential schedule |
| Legal custody | Decision-making |
| Going back to court | Dispute resolution |
The residential schedule says which home the child is in on each day, including holidays. Decision-making covers school, health care and religious upbringing. Each parent handles day-to-day decisions during their own time.
Where another law needs a "custodian," the plan names the parent the child lives with most. That does not change either parent's rights.
Is Washington a 50/50 state?
No. Washington has no presumption of equal time.
Under RCW 26.09.187, a court may order a child to alternate between homes for substantially equal periods. It can do so only if that serves the child and no limitation on a parent decides the case.
The Supreme Court also held, in Kovacs (1993), that there is no presumption for the primary caregiver.
A 2026 bill, HB 2735, proposed a 50/50 presumption. It did not pass.
The residential schedule factors
RCW 26.09.187 lists factors for the residential schedule:
- the strength, nature and stability of the child's relationship with each parent
- any agreements the parents made knowingly and voluntarily
- each parent's past and likely future care of the child, including who took greater responsibility
- the child's emotional needs and stage of development
- the child's relationships with siblings and other important adults, and their school and activities
- what each parent wants, and the wishes of a mature child
- each parent's work schedule
The statute says factor 1 "shall be given the greatest weight."
The aim is a schedule that lets each parent keep a loving, stable and nurturing relationship with the child.
Who makes decisions
Decision-making can be shared, called mutual, or given to one parent, called sole.
The court must order sole decision-making in three cases:
- a limitation on a parent applies under RCW 26.09.191 or 26.09.192
- both parents oppose shared decision-making
- one parent reasonably opposes it, given the history and the parents' ability to cooperate
Otherwise, the court weighs each parent's past part in decisions, their ability to cooperate and how close they live.
Your child's wishes
Washington sets no age at which a child decides. The court weighs the wishes of a child "sufficiently mature to express reasoned and independent preferences."
In a divorce case, the judge may interview the child in the judge's office, and a record is made. A guardian ad litem must report any preference the child expresses.
The only age 12 in these laws is about consent before an investigator consults the child's past doctors or therapists. It is not an age to choose a parent.
Mothers' and fathers' rights
Neither parent starts ahead. The Parenting Act's policy is that the child's relationship with each parent "should be fostered," unless that is against the child's interests.
Each parent has full and equal access to the child's school and health records, unless a court orders otherwise.
Limits on a parent since July 2025
House Bill 1620 rewrote RCW 26.09.191 on July 27, 2025. It sets when a court must, or may, limit a parent.
- Must limit residential time: for extended willful abandonment, abuse of a child, a history of domestic violence, a serious assault, or sexual assault. Living with someone who did these things also counts.
- Must order sole decision-making: in those cases, with no dispute resolution outside court.
- May limit: for neglect, long-term impairment, substance abuse, abusive use of conflict, or withholding the child without good cause.
- Protective actions: reporting abuse or seeking a protection order in good faith is not withholding the child, or abusive use of conflict.
Domestic violence includes coercive control, added in 2022. After a domestic violence finding, sole decision-making is presumed. The court cannot order the parents into face-to-face mediation or therapy.
To skip a required limit on time, the court needs strong, clear proof that harm is very unlikely to happen again. It must make written findings. That route does not apply to sexual abuse findings.
Supervised visits and sex offenses
If a court orders supervised visits, a professional supervisor is presumed. A friend or relative can supervise only if a professional is out of reach or unaffordable, and they are shown to be capable.
Supervised visits can be suspended without notice for repeated violations, threats or violence. A review hearing must follow within 14 days.
Since 2025, sex offenses have their own section, RCW 26.09.192. A parent convicted as an adult of a sex offense against a child is presumed to be a present danger.
If you were never married
Under RCW 26.26A.105, a parent and child relationship applies equally whether or not the parents were married. Until a court enters a parenting plan, no order says when the child is with each parent.
- Acknowledgment of parentage: once filed, it equals a court judgment of parentage.
- Changing your mind: it can be cancelled within 60 days, or by the first court hearing about the child if sooner.
- After that: it can be challenged within four years, only for fraud, threats or pressure, or a serious mistake about the facts.
The acknowledgment alone does not set a parenting plan. A parent files a court case for that.
- Parentage already set: use form FL Parentage 331, Petition for a Parenting Plan and/or Child Support.
- Parentage not set: use FL Parentage 301, Petition to Decide Parentage.
Emergency and temporary orders
Washington has several routes when a child needs protection quickly.
- Temporary parenting plan: file a motion with a sworn statement about the last 12 months of care. The court can act on a showing of necessity.
- Restraining order: in a family case, it can bar a parent from removing the child from the state. It can be issued without notice only if irreparable injury could result, for up to 14 days.
- Protection order: a temporary order can be issued immediately, without notice, for serious harm. A full hearing must be set within 14 days of filing.
A protection order can suspend contact under an existing parenting plan. A domestic violence protection order costs nothing to file.
Moving with your child
Washington's Child Relocation Act sets the steps. Under RCW 26.09.430, the parent the child mostly lives with must give notice. So must a parent with substantially equal time.
- Notice: at least 60 days before the move, by personal service or return-receipt mail, on form FL Relocate 701. If you learn of the move later, notify within five days.
- Objection: the other parent has 30 days to file and serve an objection, on form FL Relocate 721.
- Waiting: the child cannot be moved during the objection period without a court order, except for safety.
If no one objects, the move is allowed. If someone does, the law presumes the move will be permitted. The objecting parent must show the harm outweighs the benefits.
The court weighs 11 factors. With substantially equal time, meaning 45% or more each, there is no presumption.
A move within the same school district needs only reasonable notice, and the other parent cannot object to it.
Changing a parenting plan
Under RCW 26.09.260, there are two kinds of change.
- Major: you must show a substantial change in circumstances, and that the change is needed for the child. The court keeps the current schedule unless, for example, the parents agree, or the child's present environment is harmful.
- Minor: smaller changes, such as up to 24 full days a year, need a substantial change but a lower bar. They cannot change the home where the child mostly lives.
You must first show adequate cause, by sworn statement, before a hearing is held.
If a parent skips their residential time for a year or more, the court can adjust the plan.
Enforcing the parenting plan
If a parent violates the residential schedule in bad faith, the court must order make-up time and fees. It also imposes a civil penalty of at least $100.
A parent who is able but unwilling to comply can be jailed for up to 180 days. Every parenting plan carries a warning that violations can be contempt of court.
How to file for custody in Washington
File in superior court. Washington must usually be the child's home state for the six months before you file.
- Choose the petition. In a divorce, custody is part of the divorce case. Unmarried parents use the parentage forms.
- File a proposed parenting plan on form FL All Family 140. It is due by the earlier of 180 days after filing, or 30 days after a notice for trial.
- Serve the other parent.
- Take the parenting seminar if your county requires one. King County requires it within 60 days of service.
- Mediate if the court sets the case for mediation.
A final order cannot be entered sooner than 90 days after filing and service. The Washington Courts family law forms are mandatory.
How much does it cost to file for custody in Washington?
Washington sets statewide minimum fees. Counties can add up to $20, or up to $40 for a divorce.
| Filing | Statewide minimum |
|---|---|
| Parenting plan or parentage case | $290 |
| Divorce with children | $344 |
| Domestic violence protection order | Free |
As one example, Clallam County charges $310 for a parenting plan case and $364 for a divorce.
If you cannot afford the fees, ask for a waiver under court rule GR 34. You may qualify if you receive benefits, or your household income is at or below 125% of the poverty line.
What changed in 2025 and 2026
Washington's recent changes focus on safety and fees.
- July 27, 2025: House Bill 1620 rewrote the limits on a parent and created a separate sex offense section.
- July 27, 2025: a $50 surcharge was added to civil filing fees.
- July 2025: the official parenting plan form was revised to match the new law.
- August 2026: in In re Marriage of Hauk, the Supreme Court explained how to measure 45% time in phased plans for relocation.
A 2026 bill to presume 50/50 parenting time did not pass.
Building the record
Washington judges give the most weight to the strength of each parent's relationship with the child. Daily care, exchanges and missed time are all shown by dates.
Note each one as it happens. Casewell keeps those notes and the messages behind them together, so a lawyer can read a clear timeline.
Before you record a call or a handover, check whether you can record your co-parent in Washington.
A clearer way to prepare
Come to court ready, not stressed.
Turn messages, receipts and everyday notes into a clear attorney-ready record.
New record
Late pickup
Pickup was scheduled for 5:00pm. The other parent arrived at 5:42pm.
Report ready
Your report is ready
Ready for your attorney or lawyer to review.
A Washington parenting plan record
Washington judges weigh each parent's relationship and care. Keep these items current so your facts are ready.
Keep the record Washington's factors ask for
Casewell keeps dated care, exchanges and the messages behind them in one private place. Export the period a lawyer or guardian ad litem needs as a focused PDF.
Is Washington a 50/50 custody state?
No. A court may order substantially equal time if it serves the child, but nothing presumes it. The child's relationship with each parent weighs most.
Does Washington State use the word custody?
Generally not. Courts set a parenting plan with a residential schedule, decision-making and a way to resolve disputes.
At what age can a child choose which parent to live with in Washington?
No age lets a child choose. The court weighs the wishes of a child mature enough to express reasoned, independent preferences.
How much does it cost to file for custody in Washington?
The statewide minimum is $290 for a parenting plan or parentage case and $344 for a divorce, plus up to $20 in county fees. Fees can be waived.
How much notice do I need to give before moving with my child in Washington?
At least 60 days, by personal service or return-receipt mail. The other parent then has 30 days to object.
Who has custody if the parents are not married in Washington?
Until a court enters a parenting plan, no order sets when the child is with each parent. A parent files a petition so the court can set one.
Sources
This page summarizes the Revised Code of Washington, Chapters 7.105, 26.09, 26.26A and 36.18, and Washington court rules as of October 2026. It explains the law in general terms and is not legal advice.
- RCW 26.09.187 โ residential schedule and decision-making factors checked
- RCW 26.09.191 โ limitations on a parent (as amended July 27, 2025) checked
- RCW 26.09.002 โ policy of the Parenting Act checked
- RCW 26.09.440 โ notice of relocation checked
- RCW 26.09.520 โ relocation presumption and factors checked
- RCW 26.09.260 โ modifying a parenting plan checked
- RCW 26.26A.240 โ challenging an acknowledgment of parentage checked
- Washington Courts โ family law forms checked
- WashingtonLawHelp โ parenting plan guide checked