If you recently split up with your partner, establishing a child custody agreement is often painless. As long as you both are on the same page and can provide a safe environment for your little ones, you can file a parenting plan with the court.
Here is where it gets tricky: you and your partner are not married.
This can change things a bit.
So, to save you some time and confusion, we have put together a quick guide on the relevant Washington State child custody laws for unmarried parents.
What are the Washington State child custody laws for unmarried parents?
A parent is a parent in Washington. It makes no difference if you have been with your partner for a few months or years. The court recognizes parents’ rights, and they strive to keep both parents in the children’s lives.
Of course, this assumes that both parents are a good influence on the children. There should not be any issues with Washington State’s unfit parent laws. Parents who have been known to abuse (or take drugs and alcohol) will not be given custody.
If you are unmarried with children (or get divorced after having children), you will need a parenting plan. The difference between a married and unmarried father’s rights in Washington State, where parenting plans are concerned, is that an unmarried father must prove to the court that he is the father.
This Washington State child custody law applies only to the father, as it is easier for the mother to prove that the child belongs to her. You must prove your paternity before filing a parenting plan if you are not married to the child’s mother.
What are the Washington State child custody laws for moving out of state?
If you were offered a great job in Oregon or a nearby state, you might be tempted to move. First, congrats on the new position! Second, before moving, you will need to give the other parent a 60-day notice.
Even if you do not have joint custody in Washington State (which is difficult to get, in some cases), the other parent may have visitation rights. Moving can get in the way of their ability to see the child. Therefore, they will need a heads-up before you pack up your home.
Keep in mind that the other parent can say no to the move within 30 days. It is unlikely that you can move anywhere during that month–unless it is approved by the court.
Key Takeaway
In Washington State, mothers’ rights and fathers’ rights are the same for child custody. However, the Washington State child custody laws for unmarried parents require that the father show evidence of his paternity before being granted custody.
Parents must alert one another if they plan to move (and await the other parent to sign off on it). If you seek 50/50 child custody in Washington State, the path might not be easy, but it will be worth it.
Need a hand in filing for child custody? The Law Office of Erin Bradley McAleer is equipped to handle your case. Schedule a free initial consultation today.
