Divorce Washington Custody
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Irrespective of whether the child custody case is uncontested or contested, it must comprise of a parenting plan. This plan must consist of the following.
- Residential provisions (Physical custody) of the child
- Decision making authority (Legal custody) of the parents
- Provisions for overcoming conflicts between the parents that may arise in the future
Both the parents have equal and complete access to the health care and academic records of the child. The only exception is when there is a court order that dictates the opposite. If one parent requests certain access, the other parent should not ban the same.
Joint Physical Divorce Washington Custody
Joint Physical Custody implies that the child frequently alternates between the households of the parents for small and almost same durations of time. The court may issue the relevant orders only when it detects the below mentioned points.
- The parents have acceded to such an arrangement voluntarily and knowingly, or
- The parents have an agreeable past record of shared performance of parenting functions and cooperation. The arrangement is in best interests of the child. The geographic closeness of the residences of the parents enables them to ensure their capacity of sharing the parenting functions
Limitation of time in Divorce Washington Custody
The court refuses alternative dispute resolution or joint decision making, and might restrict the residential time of the parent with the child, when one of the following points is met with.
- One parent refuses the other parent contact with the child without any adequate cause
- Dearth of or no emotional bond between the child and the parent
- Alcohol or drug abuse by the parent for a considerable duration
- The parent has chronic physical or emotional problems due to which his/her capacity to care for the child is hampered
- Past incidences of sex crimes inclusive of child molestation, child rape, incest or any other sexual misconduct pertaining to children
- Past incidences of sexual or physical assault or domestic violence
- Emotional, sexual or physical abuse of the child
- The parent has refused to perform parenting responsibilities and duties or to care for the child
- Any other causes that are a threat to the welfare and interests of the child
Characteristics of Parenting Plan
If a parent has a child, who is less than 18 years old, then it is essential to draft a Parenting Plan. Let us assume that one spouse has served the divorce papers to the other and these papers are accompanied by a Parenting Plan. If the recipient does not accede to the Plan, he/she must draft his/her own plan and file it in the court. After the divorce is finalized, a final and permanent plan would be declared.
When a parenting plan is signed by the court, it is equivalent to a court order that is binding on both parents. If any parent does not observe it, such a parent can be found in contempt of court. The court might prosecute this parent for custodial interference.
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