How Courts Decide Child Custody When Parents Disagree

Divorce or separation is rarely easy, especially when children are involved. When parents can’t agree on a parenting plan, the court must step in to decide child custody. The process can be emotionally charged and legally complicated, but understanding how courts approach these decisions can help parents manage the situation with greater confidence and clarity.

In Washington, custody decisions are framed within the broader concept of a Parenting Plan, a legal document that outlines where the child lives, how decisions are made, and how parenting time is divided. When parents can’t agree on the terms of this plan, a judge will make those decisions based on the child’s best interests.

Keystone Family Law is here to help you understand how Washington courts evaluate child custody, the factors that influence their decisions, and what you can expect if you're facing a contested custody case. Contact us today for legal assistance in any city in Clark County.

Legal Structure for Child Custody in Washington

Washington no longer uses terms like “custody” or “visitation” in a legal sense. Instead, the state uses a Parenting Plan, which serves the same function. The plan covers three main areas:

1. Residential schedule (where the child lives and when)

2. Decision-making authority (who makes choices about health, education, etc.)

3. Dispute resolution procedures (how parents resolve disagreements)

The primary focus of the court is always the best interests of the child. This is the guiding principle behind every parenting plan decision in the state.

When Parents Can’t Agree

Ideally, parents work together to create a mutually acceptable parenting plan and submit it to the court for approval. When this doesn’t happen—either because of fundamental disagreements or one parent refusing to cooperate—the court will impose a plan after reviewing evidence and hearing arguments from both sides.

In such cases, the court must evaluate a wide range of factors. While the process is thorough, it can also be contentious. The court may order evaluations, appoint a guardian ad litem (GAL), or require mediation before making a final ruling.

Factors Courts Consider in Washington

Washington law outlines specific factors that judges must consider when deciding on a parenting plan. These factors aren't weighed equally—some carry more weight than others, depending on the child’s needs and the family’s situation.

Here are the primary considerations:

• The strength and nature of the child’s relationship with each parent

• Each parent’s ability to meet the child’s emotional, physical, and developmental needs

• The child’s relationship with siblings and other significant adults

• Each parent’s past and potential future performance of parenting functions

• The child’s adjustment to home, school, and community

• The wishes of the child, if mature enough to express a preference

• Each parent’s involvement in decision-making and daily care

• Any history of domestic violence, child abuse, neglect, or substance abuse

The court’s goal isn't to reward or punish either parent but to make sure the child has a stable, loving, and safe environment.

Parenting Functions

A central concept in child custody decisions is parenting functions. The court evaluates how each parent performs essential responsibilities such as:

• Maintaining a loving and nurturing relationship with the child

• Meeting the child's basic needs: food, shelter, health care, clothing

• Making sure the child receives proper education

• Providing moral and ethical guidance

• Arranging for the child’s care when the parent is unavailable

The parent who has historically handled more of these day-to-day responsibilities may be seen as better positioned to continue doing so after separation.

Residential Time and Schedules

The court aims to establish a residential schedule that promotes frequent and continuing contact with both parents—unless doing so would be harmful to the child. There's no automatic 50/50 split. Instead, the court looks at what arrangement will best support the child’s well-being.

In practice, one of the following schedules may be implemented:

• Primary residential parent: One parent has the child most of the time, with the other parent receiving scheduled time (weekends, holidays, summer breaks).

• Shared residential schedule: Both parents have substantial time with the child, though not necessarily an exact 50/50 split.

• Limited or supervised time: If one parent poses a risk (e.g., due to abuse, addiction, or instability), their time may be restricted or supervised.

Ultimately, the court’s goal is to create a schedule that fosters stability, supports the child’s development, and allows for meaningful relationships with both parents. Flexibility and consistency are both highly valued in these arrangements.

Decision-Making Authority

Courts also determine who has the authority to make major decisions about the child's education, medical care, and religious upbringing. The options include:

• Joint decision-making: Both parents share responsibility and must agree on major decisions.

• Sole decision-making: One parent has the final say in one or more areas.

The court assesses each parent’s communication skills, ability to cooperate, and past involvement in decision-making when deciding who should hold this authority.

The Child’s Wishes

Washington law allows the court to consider the child’s preferences—but only if the child is considered mature enough to have a meaningful opinion. There’s no specific age when this occurs, but generally, courts give more weight to the views of teenagers than younger children.

That said, the child’s wishes are only one part of the puzzle. They aren’t determinative and will be balanced against the child’s best interests overall.

The Impact of Domestic Violence and Abuse

If there's a history of domestic violence, child abuse, or substance abuse, Washington courts take it very seriously. In such cases, the court may:

• Deny residential time to the abusive parent

• Require supervised visitation

• Order counseling or treatment

• Grant sole decision-making to the other parent

Under Washington law, a parent who has committed acts of domestic violence or sexual assault may face significant restrictions in a parenting plan. The court’s duty is to protect the child from harm, even if it means severely limiting a parent’s involvement.

Temporary Parenting Plans During Litigation

When child custody is contested, courts often issue a temporary parenting plan to provide structure and stability during the litigation process. This plan outlines how parenting time and responsibilities are shared while the case is ongoing.

A temporary parenting plan may be agreed upon by the parties or ordered by the judge after a hearing. Although temporary, these plans can influence the final outcome—courts often favor consistency, so a well-functioning temporary arrangement may become permanent.

Parenting Evaluations and Guardians ad Litem

In high-conflict cases, the court may appoint a guardian ad litem (GAL) or order a parenting evaluation. These professionals investigate the family situation and provide recommendations to the judge about what parenting arrangement serves the child’s best interests.

A GAL typically interviews the child, both parents, and other relevant parties (teachers, doctors, relatives). They also review documents and may observe parent-child interactions. Their report carries significant weight with the court.

Similarly, parenting evaluators—usually mental health professionals—conduct in-depth assessments of each parent’s capacity to meet the child’s needs.

Mediation and Alternative Dispute Resolution

Before going to trial, Washington courts often require parents to attempt mediation. Mediation allows parents to work with a neutral third party to resolve their differences and agree on a parenting plan.

Mediation is often successful in reducing conflict and giving parents more control over the outcome. However, in cases involving abuse or extreme dysfunction, mediation may be waived for safety reasons.

What to Expect in a Child Custody Trial

If no agreement can be reached, the case will proceed to trial. Here’s what you can expect:

• Pre-trial filings: Both parties submit declarations, financial records, and proposed parenting plans.

• Testimony: Parents may testify, along with witnesses like teachers, doctors, or family members.

• Evidence: Documents, emails, text messages, photos, and GAL reports may be submitted.

• Judicial decision: After reviewing the evidence, the judge issues a final Parenting Plan.

Custody trials are emotionally intense and can take several days or even weeks, depending on how complicated the situation is. The court’s decision is legally binding and enforceable.

How to Prepare for a Child Custody Dispute

If you're facing a custody dispute, preparation is essential. Consider taking the following steps:

• Document your involvement: Keep records of your parenting time, school involvement, medical appointments, and other child-related responsibilities.

• Stay child-focused: Courts aren't interested in parental grievances unless they affect the child.

• Maintain respectful communication: Your interactions with the other parent—especially via text or email—can become evidence.

• Avoid badmouthing the other parent: Negative comments about the other parent can backfire and be seen as alienating behavior.

• Follow court orders: Failing to comply with temporary plans or court instructions can hurt your credibility.

Preparation also means taking care of your own well-being during what can be a highly stressful process. Emotional stability, reliable support systems, and a child-focused mindset can not only help you cope but also present you as a capable, steady parent in the eyes of the court.

Modifying a Final Parenting Plan

After a final Parenting Plan is in place, it can be modified—but only under certain circumstances. Washington courts require a substantial change in circumstances to modify residential provisions. Some examples include:

• A parent relocating

• Significant changes in the child's needs or behavior

• Safety concerns arising from abuse or substance use

• Persistent failure to comply with the existing plan

Decision-making provisions can also be modified if one parent proves they’re no longer capable of making sound choices or cooperating in the child’s best interests.

Contact an Experienced Family Law Attorney

Whether you're beginning a divorce, responding to a custody filing, or seeking a modification, it's critical to work with a family law attorney who understands the nuances of Washington custody law. That’s where Keystone Family Law comes in. Located in Vancouver, Washington, we serve clients all throughout Clark County.

If you're facing a custody disagreement, we're here to listen, advise, and help you move forward with confidence. Contact our firm today to schedule a consultation.