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Child Custody in Everett, WA

Serving Snohomish County

Divorce can be very emotionally difficult for children who are caught in the middle. In cases where child custody is a central issue, it’s best to seek an attorney who has a proven track record of protecting the emotional and financial interests of the children. At the Evergreen Family Law Group PLLC, the mental and emotional welfare of your family is our top priority. 

What is Child Custody?

The U.S. Supreme Court and federal court rulings recognize parents’ constitutional rights to the care, custody, and control of their children.
In the State of Washington, these rights are also recognized, regardless as to whether you are married to the other parent or not.

Unmarried Child Custody Cases

A child custody case for unmarried parents may first need to address whether a person is the child’s biological parent. Our experienced attorneys can assist you with determining whether the paternity requirements have been met. If paternity is not established, we can seek a court order to obtain paternity/genetic testing. There are important deadlines associated with challenging paternity. Do not hesitate to take action if there is any question as to whether you or another person is the biological parent of a child.

Paternity Established

Typically, paternity is established when:

  1. Both parents are named on the birth certificate of the child; or
  2. Both parents signed the paternity acknowledgment form (typically signed at the hospital at birth); or
  3. There is a court order for child support

In some instances, parents separate and one person requests child support through the State of Washington. The State of Washington will establish paternity prior to entry of a child support order. The State of Washington will not assist with establishing a child custody and/or parenting plan order.

If paternity is established, the next step is to file a legal action with the court regarding the custody and support of the child. This comes in the form of establishing a parenting plan and child support order. You will need a copy of the child’s birth certificate or paternity acknowledgment form, or other proof that evidences paternity of the child.

Parenting Plan

Once a case is filed with the court, a parent can seek for a court order that defines the parenting arrangements for a child. The court will look at many factors in determining a parenting plan, including what is in the best interests of the child and the involvement of each parent related to parenting functions. Parenting functions means those aspects of the parent-child relationship in which the parent makes decisions and performs functions necessary for the care and growth of the child.

Time Is An Important Factor

It is common for parents to end their relationship without any child custody agreement in place. This can create significant problems down the road. There can be disagreements about holidays, weekends, special occasions, and the start/end time of a parent’s time with the child. In most instances, without a court order, there is not much law enforcement can do for you and either parent can exercise parenting time as they wish. This can include the other parent keeping the child on your otherwise agreed upon weekend or traveling outside of the State of Washington without your knowledge or consent.

Even if you have an informal agreement with the other parent, problems can still arise. Prior to signing any informal child custody agreement, it is important to seek the advice of an attorney. Our experienced attorneys can provide you with sound advice regarding any informal child custody agreement and the impact of the agreement on your parenting time.

The more time that passes where you follow an informal child custody agreement, the more likely the court will adopt the arrangements of that prior agreement. This can have a lasting impact on your parenting time until the child is 18 years old. If you are unhappy with the informal child custody agreement or otherwise want changes to it, you need to act as soon as possible.

If you currently have little to no contact with a child, it is extremely important to seek court action as soon as possible. The passage of time can greatly impact the amount of parenting time you obtain in the future.

What if the Other Parent Will Not Let You See or Restricts Your Access to a Child?

Without a court order establishing paternity and/or a parenting plan, there are no defined rules or guidelines as to how child custody is to be shared between two parents.

In some instances, a parent may completely restrict the other parent from contact with a child or impose special rules on the other parent before allowing parenting time.

If this describes your situation, you should contact an attorney and you may want to seek legal action as soon as possible.

Child Support

In child custody cases, the court will also likely need to determine child support. Child support is calculated on the income of the parties, along with other factors.

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