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Washington State Domestic Relations Law [28-09-187]
Parenting plan - criteria for establishing
Title 28 - Domestic Relations
Article 9 - Dissolution of Marriage - Legal Separation
RCW 26.09.187
Criteria for establishing permanent parenting plan
(1) DISPUTE RESOLUTION PROCESS. The court shall not order
a dispute resolution process, except court action, when it finds
that any limiting factor under RCW 26.09.191 applies, or when it
finds that either parent is unable to afford the cost of the
proposed dispute resolution process. If a dispute resolution
process is not precluded or limited, then in designating such a
process the court shall consider all relevant factors, including:
(a) Differences between the parents that would substantially
inhibit their effective participation in any designated process;
(b) The parents' wishes or agreements and, if the parents have
entered into agreements, whether the agreements were made knowingly
and voluntarily; and
(c) Differences in the parents' financial circumstances that
may affect their ability to participate fully in a given dispute
resolution process.
(2) ALLOCATION OF DECISION-MAKING AUTHORITY.
(a) AGREEMENTS BETWEEN THE PARTIES. The court shall approve
agreements of the parties allocating decision-making authority, or
specifying rules in the areas listed in RCW 26.09.184(4)(a), when
it finds that:
(i) The agreement is consistent with any limitations on a
parent's decision-making authority mandated by RCW 26.09.191; and
(ii) The agreement is knowing and voluntary.
(b) SOLE DECISION-MAKING AUTHORITY. The court shall order
sole decision-making to one parent when it finds that:
(i) A limitation on the other parent's decision-making
authority is mandated by RCW 26.09.191;
(ii) Both parents are opposed to mutual decision making;
(iii) One parent is opposed to mutual decision making, and
such opposition is reasonable based on the criteria in (c) of this
subsection;
(c) MUTUAL DECISION-MAKING AUTHORITY. Except as provided in
(a) and (b) of this subsection, the court shall consider the
following criteria in allocating decision-making authority:
(i) The existence of a limitation under RCW 26.09.191;
(ii) The history of participation of each parent in decision
making in each of the areas in RCW 26.09.184(4)(a);
(iii) Whether the parents have a demonstrated ability and
desire to cooperate with one another in decision making in each of
the areas in RCW 26.09.184(4)(a); and
(iv) The parents' geographic proximity to one another, to the
extent that it affects their ability to make timely mutual
decisions.
(3) RESIDENTIAL PROVISIONS.
(a) The court shall make residential provisions for each child
which encourage each parent to maintain a loving, stable, and
nurturing relationship with the child, consistent with the child's
developmental level and the family's social and economic
circumstances. The child's residential schedule shall be
consistent with RCW 26.09.191. Where the limitations of RCW
26.09.191 are not dispositive of the child's residential schedule,
the court shall consider the following factors:
(i) The relative strength, nature, and stability of the
child's relationship with each parent, including whether a parent
has taken greater responsibility for performing parenting functions
relating to the daily needs of the child;
(ii) The agreements of the parties, provided they were entered
into knowingly and voluntarily;
(iii) Each parent's past and potential for future performance
of parenting functions;
(iv) The emotional needs and developmental level of the child;
(v) The child's relationship with siblings and with other
significant adults, as well as the child's involvement with his or
her physical surroundings, school, or other significant activities;
(vi) The wishes of the parents and the wishes of a child who
is sufficiently mature to express reasoned and independent
preferences as to his or her residential schedule; and
(vii) Each parent's employment schedule, and shall make
accommodations consistent with those schedules.
Factor (i) shall be given the greatest weight.
(b) The court may order that a child frequently alternate his
or her residence between the households of the parents for brief
and substantially equal intervals of time only if the court finds
the following:
(i) No limitation exists under RCW 26.09.191;
(ii)(A) The parties have agreed to such provisions and the
agreement was knowingly and voluntarily entered into; or
(B) The parties have a satisfactory history of cooperation and
shared performance of parenting functions; the parties are
available to each other, especially in geographic proximity, to the
extent necessary to ensure their ability to share performance of
the parenting functions; and
(iii) The provisions are in the best interests of the child.
[1989 c 375 § 10; 1987 c 460 § 9.]
NOTES:
Custody, designation of for purposes of other statutes: RCW
26.09.285.
Correct as at 13 January 1997
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