Location
1511 Third Avenue
Suite 1001
Seattle, WA 98101
Phone
206.223.0840
Fax
206.260.1420
e-mail:
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Split Child Custody
Split Custody May Be the Future, But It Is Not the Present
Washington courts have traditionally been hostile to split custody or 50 / 50 residential schedules. However, in 2007, the Washington Legislature took a small but significant step towards split custody. Under the prior statute, the court could not order the Child to spend equal intervals of time in each household unless: no limitations based on abuse / neglect, agreement of the Parties, and a satisfactory history of cooperation and shared parenting functions.
Under the revised statute however, the court may order the Child to spend equal intervals of time in each household where it is in the best interest of the Child and the abuse/neglect is not dispositive. This change should make courts more willing to order split custody in the future.
However, at least in the immediate future, courts are not going to order split custody unless the parents agree. If the parents agree, then they are probably not going to litigate in the first place.
I am proud to report that I have gotten “split custody” for dads a number of times over the years, but I always do it in a way that is subtle and allows mom to save face. Many mothers don’t particuarly want the children more than half the time, they just don’t want the world to know that they feel that way.
In these circumstances, my client and I acknowledge that mom will be the primary custodial parent, but then design a parenting plan where the children reside with Dad for, say, forty-five percent of the time. We get 50 / 50, but don’t call it that.
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