My husband has threatened to fight for the custody of our children if I proceed with a divorce. How does a court decide which parent should have custody of the kids?
The term custody has been replaced in Washington with the term parenting plan. The Parenting Plan is a document that sets forth in detail how the parents will share the rights and responsibilities of parenting, including when the children will be with each parent and how major decisions that affect the children will be made. If parents are unable to agree on a parenting plan, the judge will decide what is in the childrens best interests after hearing the testimony presented at trial. Unless it finds child abuse or neglect, the judge will give the most weight to the degree to which each parent participated in meeting the childrens day-to-day needs from birth to the present, giving the most weight to the twelve months preceding trial.
The term custody has been replaced in Washington with the term parenting plan. The Parenting Plan is a document that sets forth in detail how the parents will share the rights and responsibilities of parenting, including when the children will be with each parent and how major decisions that affect the children will be made. If parents are unable to agree on a parenting plan, the judge will decide what is in the childrens best interests after hearing the testimony presented at trial. In determining which parent should have primary residential care of minor children, the court will give the greatest weight to the relative strength, nature, and stability of the childs relationship with each parent.
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