| Adequate Cause |
Per statute, a court must make a finding of adequate cause before allowing certain kinds of cases to proceed to trial or settlement. To find adequate cause in a petition to modify a parenting plan, the moving party must prove that a substantial change has occurred in the circumstances of the non-moving party or the child and that a change in the parenting plan would be in the child’s best interest. |
| Child Support |
Per statute, every child is entitled to child support and every parent must either pay it or receive it. Child support is calculated based on the parent’s combined adjusted gross income, the parent’s respective share of the adjusted gross income, the child support table, and any child-related expenses the parent pays. |
| Child Support Schedule |
The child support schedule was established by the Legislature in 1988 and revised in 2009. According to the Statute that adopted the schedule, it is designed to ensure that child support orders are adequate to meet a child’s basic needs and to provide additional child support commensurate with the parent’s income, resources, and standard of living. |
| Community Property |
Washington is a community property state. The fundamental premise of a community property system is that each party to a marriage owns an equitable share of all the property acquired by the marital community from when it started until the day of separation. Property brought into the marriage, or received as a gift or inheritance, on the other hand, is deemed separate property. |
| Custodial Parent |
Per statute, the parenting plan is supposed to designate one parent as the primary custodial parent and the other as the non-primary custodial parent. As the term implies, the primary custodial parent will have more physical custody (residential time) with the child than the non-primary custodial parent. |
| Dissolution / Divorce |
In Washington State, a divorce is called a dissolution. To get divorced in Washington, a childless couple needs two final orders: a decree of dissolution and findings of fact / conclusions of law. If the couple has children, they also need an Order of Child Support w/Child Support Worksheet and a Parenting Plan. In addition, each parent must attend the Parenting Seminar and any issues raised by a review of the Judicial Information Service must be resolved. |
| Domestic Violence |
Domestic violence refers to virtually any act that causes one party to an intimate or familial relationship to fear the other party. It includes physical violence as well as verbal or other forms of violence. Washington state courts take allegations of domestic violence very seriously. |
| Grandparent Rights |
Grandparents do not have any special rights to the care/custody of their grandparents or to visitation with their grandparents. In fact, in 2000, the U.S. Supreme Court struck down a statute that recognized the right of “any person” to petition for visitation. The statute allowed visitation based on the child’s best interest. The court held that the best interest standard did not protect parental rights. |
| Guardian Ad Litem |
Similar to a parent evaluator, a Guardian Ad Litem, (“GAL”) is a third-party professional who represents the child. GALs are typically social workers, attorneys, or volunteers with the CASA program. Many counties have a GAL registry. To be on the registry, the GAL must take an extensive, state-approved training course. After passing the course, they must keep their certification current with additional training.
The GAL’s authority is governed by a highly detailed set of rules and procedures, established by statute and regulation. These rules do not apply to a parent evaluator. |
| Meretricious Relationship |
Washington state courts define a meretricious relationship as a stable, marital-like relationship where both parties cohabit with the knowledge that a lawful marriage between them does not exist. If a meretricious relationship breaks up, the court will treat property acquired during the relationship as community property. However, separate property will not be before the court for division and the parties will not be entitled to maintenance or attorney’s fees. |
| Parental Alienation Syndrome |
Parental Alienation Syndrome (“PAS”) refers to a psychological condition wherein a child rejects the love and attention of a perfectly fit, or at least perfectly redeemable, parent. The child rejects the victim of PAS because he has been manipulated by the perpetrator. PAS is controversial. It is not recognized in the DSM – IV. Many courts do not recognize it either. However, many experience and competent Ph.D. psychologists do recognize and diagnose it. |
| Parental Rights |
Parents have a Constitutional right to the care and custody of their children. Parental rights against each other are, at least in theory, equal. Parental rights against any third party are superior. |
| Parenting Plan |
The parenting plan is a court order that establishes one parent as the primary custodial parent, and the other parent as the non-primary custodial parent. It then establishes the residential schedule and other matters, such as decision-making and dispute resolution. |
| Paternity |
Paternity refers to the child’s legal father. The legal father is required to pay child support and has a Constitutional right to the care and custody of the child. Paternity is typically established at birth, where the father signs the birth certificate. If the father is not on the birth certificate, he needs to establish paternity. Sometimes, paternity is established in a man who is not the father. In those cases, paternity can be disestablished based on clear and convincing evidence, such as a DNA test, where disestablishment is in the child’s best interest. |
| Prenuptial Agreement |
A prenuptial agreement, also called a prenup. or an antenuptial agreement, is a contract between two people contemplating marriage to each other. The standard prenup. focuses on how the couples’ assets will be distributed in the event of death or divorce. |
| Residential Schedule |
The residential schedule establishes with whom the child shall reside at any given time. It is supposed to cover every contingency, including holidays, school vacations, and special occasions such as the child’s birthday. |
| Relocation |
If the primary custodial parent moves outside the child’s school district, he/she must comply with the Relocation Act. The Relocation Act requires the primary custodial parent to provide written notice to the non-primary custodial parent, and then provides the non-primary custodial parent with the opportunity to contest the proposed relocation. |
| Restraining Order |
The term “restraining order” covers a number of different kinds of orders addressing a number of issues and grounded in different sources of law. However, the two most common restraining orders in Washington are anti-harassment protection orders and domestic violence protection orders. |
| Separate Property |
Separate property refers to personal or real property that is not owned by the marital community. The most common examples of separate property are gifts, inheritances, and property acquired by one party prior to the commencement of the marital community. Separate property will remain separate unless it is commingled with community property or gifted to the community. |
| Split Custody |
Split custody refers to a parenting plan / residential schedule were both parents have essentially equal time and equal rights and responsibilities to care for the child. Split custody works well were the parents live within walking distance of each other, so the child can walk back and forth to pick up their homework or whatever else they may have forgotten. For younger child, one week with Mom, followed by one week with Dad might work best. For older children, two weeks on, two weeks off seems to work better. |
| Third Party Rights |
In cases where the parents are unable to provide for their children, a court may award custody to a third-party, per the Non-parental Custody Act. The third party must prove that either the parent is unfit, or that leaving legal custody with the parent would result in actual detriment to the child’s health and well-being. |
| Visitation |
Visitation refers to the time the child spends with the non-custodial parent. Per statute, the children reside with the primary custodial parent and have visitation with the non-primary custodial parent. |
