Custody

Even once a parenting plan is in place, the law recognizes that a parent’s involvement or actions can have a negative effect on the child’s best interests. The judge can limit or remove any parts of the parenting plan if any of the following factors exist:

1. a parent has neglected their parenting functions or not performed them in a substantial way;
2. a parent has a long-term physical or emotional condition that interferes with his/her performance of parenting functions;
3. a parent has a long-term drug or alcohol dependency that interferes with his/her performance of parenting functions;
4. there is no emotional tie between the parent and the child or it is substantially damaged;
5. a parent purposefully creates conflict, including abusive litigation as defined in R.C.W. 26.51.020, which creates the danger of serious damage to the child’s psychological development.¹

“Parenting functions” include:

1. maintaining a loving, stable, consistent, and nurturing relationship with the child;
2. attending to the daily needs of the child, such as feeding, clothing, physical care and grooming, supervision, health care, and day care;
3. doing other activities that are appropriate to the developmental level of the child and that are within the social and economic circumstances of the particular family;
4. providing an adequate education for the child, including remedial or other education that the child needs;
5. helping the child in developing and maintaining appropriate interpersonal relationships;
6. exercising appropriate judgment regarding the child’s welfare, consistent with the child’s developmental level and the family’s social and economic circumstances; and
7. providing for the financial support of the child.²

¹ R.C.W. § 26.09.191(3)
² R.C.W. § 26.09.004(2)