Legal Question in Family Law in Washington

Re: custodial parent

In general, both. Custodial parent (a term that is not favored in many courts) is a judicial determination. Until a parenting plan has been adopted by the court, both parents are presumed to have eqaul rights to custody of the child. This can be changed by agreement of the parents, restraining orders, protection orders, cps, etc. But with the minimal facts you gave, both would likely be presumed to have eqaul rights to custody of the child.

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