Child Custody in Seattle, WA.
If you want to get custody of your child and are getting
divorced in Seattle, WA, you may find that the law is sometimes puzzling. Here
is some information to help you navigate this issue.
If you need help in your child custody case, please
consult a good attorney.
The Difference Between Sole Custody and Joint Custody.
A court does not always have to grant sole custody to one
parent. In fact, it is usually rare for a court to do so. The legal system
operates under the assumption that a
child needs both parents in his or her life. For this reason, a court will
usually grant some form of custody to both parents. This is called
“joint custody.” Depending on whether the joint custody involved is physical or
legal (as explained below), either the child must live with each parent part of
the time or else the parents must negotiate and come to an agreement on major
decisions affecting the child's life.
The Difference Between Physical and Legal Custody
The law recognizes two different classes of sole custody:
physical and legal. If the court only
allows a child to live with one parent at all times, this is called “sole
physical custody.” In this case, the other parent can still visit the child but
must do so in the home of the custodial parent. If a parent gets to make
decisions in the child's life involving religion, education, medical care, or
other major concerns regardless of the other parent's wishes, this is called
“sole legal custody.” It is possible for one parent to have sole legal and the
other to have sole physical custody or for one or the other (or both) to be
held jointly.
Child Custody: How to Get It.
When the court decides on what kind of custody to give to
each parent, it will try to determine this based on what it thinks is in the
best interest of the child. For this
reason, it will often take the following considerations into account.
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Does the parent asking for custody want the
child to have a relationship with the other parent? If so, the court will be
more likely to grant custody. On the other hand, if the court feels that the
parent is asking for custody only because he or she wants to keep the child
from the other parent, it will be less likely to grant it.
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Has there been child abuse or domestic violence
by either of the parents in the past? If so, the court is much more likely to
grant custody to the parent who did not commit the abuse.
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What is the relationship between each of the
parents and the child? If the child has a more significant emotional connection
to one parent, or if one parent is better able to take care of the child
financially, the court will be more likely to grant custody to that parent.
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What are the child's wishes? This is especially
important with older children, such as teenagers.
If you would like to know more about child custody
proceedings in Seattle, WA, please consult a good attorney.