If you are going through a divorce or separation in Washington and you have children, you will need a parenting plan. Washington does not use the word “custody” the way most people expect. Instead, every case involving children requires a formal parenting plan approved by the court.
What Is a Parenting Plan?
A parenting plan is a court order that replaces traditional custody arrangements. Instead of labeling one parent as having “custody,” Washington’s system creates a detailed plan covering three areas:
- Residential schedule — where the children live on specific days
- Decision-making authority — who makes major decisions about education, healthcare, and religious upbringing
- Dispute resolution — how parents resolve disagreements without returning to court
What Must a Parenting Plan Include?
Residential Schedule
The plan must specify where the child will be on every day of the year, including:
- Regular weekday and weekend routine
- Holidays (alternating or divided)
- Birthdays and special occasions
- Summer vacation and school breaks
- Transportation and exchange arrangements
The schedule should be specific enough that both parents know exactly where the child should be on any given day.
Decision-Making
The plan must assign authority for major decisions in three areas:
✔ Education — which school, special education, tutoring
✔ Healthcare — medical treatment, dental, mental health
✔ Religious upbringing — religious education and activities
Decision-making can be mutual (both parents agree) or sole (one parent decides). Either parent can always make emergency decisions for the child’s safety.
Dispute Resolution
The plan must include a method for resolving disagreements before going to court, such as mediation, arbitration, or counseling. If there is a history of domestic violence, the court may waive this requirement.
How Does the Court Decide?
If parents agree on a plan, the court will generally approve it. If parents cannot agree, the court considers several factors:
- The strength and stability of the child’s relationship with each parent (given the greatest weight)
- Each parent’s history of performing parenting functions
- The child’s emotional needs and developmental level
- The child’s relationship with siblings and other important people
- Each parent’s work schedule
- The wishes of a sufficiently mature child
When Are Restrictions Required?
Washington law requires courts to restrict a parent’s time or decision-making when there is evidence of:
- Domestic violence or assault
- Sexual abuse of any child
- Neglect or abandonment
- Substance abuse that affects parenting
- Long-term impairment that interferes with parenting
Restrictions may include supervised visitation, limited residential time, or sole decision-making by the other parent.
Can a Parenting Plan Be Changed Later?
Yes, but the standard depends on the type of change:
- Minor changes (24 or fewer additional overnights per year): Must serve the child’s best interests
- Major changes (changing the primary residential parent): Requires a substantial change in circumstances and a showing that the current arrangement is detrimental to the child
The threshold for major changes is intentionally high because courts prioritize stability for children.
Common Questions
Is 50/50 time the default?
No. Washington does not presume equal residential time. The court considers each family’s circumstances to determine what is in the child’s best interests.
Does the child get to choose?
Not exactly. The court may consider the wishes of a child who is mature enough to express a reasoned preference, but the child does not make the final decision.
What if the other parent violates the plan?
A parenting plan is a court order. Violations can result in contempt of court, fines, and makeup residential time.
Do we need to take a parenting class?
Many Washington counties require parents in divorce or custody cases to attend a parenting education class ($40–$60 per person).
Tips for a Workable Plan
✔ Be specific — vague language leads to disagreements
✔ Match the schedule to your children’s real lives — school, activities, work schedules
✔ Build in flexibility — allow agreed-upon temporary changes with the plan as the default
✔ Plan for transitions — specify where, when, and who handles transportation
✔ Think long-term — a plan for a toddler will not work for a teenager
Need Help With Your Parenting Plan?
A parenting plan is one of the most important legal documents you will sign as a parent. If you and the other parent disagree on the schedule or decision-making, or if there are safety concerns, working with a family law attorney can help protect both you and your children.
This article is for general informational purposes only and does not constitute legal advice. Every situation is different. Reading this article does not create an attorney-client relationship with Cowlitz Law Group PLLC.