Legal Question in Family Law in Washington

Re: joint custody

Custody changes are usually rather difficult to predict. But it would seem that you

probably have a decent argument. There are _many_ questions that would need to be

answered before I could give you any kind of a real evaluation, but in general, here

are some things for you to consider. First, Washington has determined that the guiding principle

in any custody matter is the best interest of the child. The law goes on to state:

the best interest of the child shall be the standard in determining and allocating the parties' parental responsibilities. RCW 26.09.284 states the objectives of permanent parenting plans. Specifically, these are:

(a) provide for the child's physical care;

(b) maintain the child's emotional stability;

(c) provide for the child's changing needs as the child grows and matures, in a way that minimizes the need for future modifications to the permanent parenting plan;

(d) set forth the authority and responsibilities of each parent with respect to the child, consistent with the criteria in RCW 26.09.187;

(e) Minimize the child's exposure to harmful parental conflict;

(f) encourage the parents, where appropriate under RCW 26.09.287, to meet their responsibilities to their minor children through agreements in the permanent parenting plan, rather than by relying on judicial intervention; and

(g) to otherwise protect the best interests of the child consistent with RCW 26.09.002.

RCW 26.09.187 (3)(a)(i). The other statutory criteria are:

The agreements of the parties, provided they were entered into knowingly and voluntarrily;

Each parent's past and potential for future performance of parenting functions;

The emotional needs and developmental level of the child;

The child's relationship with siblings and with other significant adults, as well as the child's involvement with her physical surroundings, school, or other significant activities;

The wishes of the parents and the wishes of a child who is sufficiently mature to express reasoned and independent preferences as to his or her residential schedule;

Each parent's employment schedule, and their ability and desire to make accommodations consistent with those schedules.

I wish you the best of luck. Contact me if I can help.