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.

My own personal opinion is that, all other factors being equal, the Child should spend half the time with Mom and half the time with Dad. This assumes that Dad wants this arrangement for the right reasons – he loves his Child – and not for the wrong reasons, such as reducing child support or sticking it to Mom. It also assumes that the parents live within several miles of each other.

I prefer split custody because it is simpler and, like Thoreau, I value simplicity. In addition, split custody reinforces to the Child that each parent is equally valuable and places the court’s imprimatur on the skills and concerns of each parent.

However, my personal opinion is in the minority. Most parent evaluators/ GALs will still tend to make Mom the primary residential parent and Dad the non-primary. Most courts will tend to go along with these recommendations.

In addition, my personal opinion is irrelevant. I will advocate for the plan my Client feels is best for the child, so long as it is legal and reasonable.