Washington Custody and Parenting Plans

Washington State requires a detailed parenting plan in every case involving minor children. Under RCW 26.09.184, the parenting plan must address decision-making, dispute resolution, and a specific residential schedule. Understanding these requirements is essential for navigating your Washington custody case.

This comprehensive guide covers Washington's parenting plan framework, the 90-day waiting period, mandatory parenting seminars, residential schedule considerations, Income Shares child support calculations, and local court requirements.

Parenting Plan Requirements

Under RCW 26.09.184, every Washington parenting plan must include:

• Residential schedule: A detailed schedule specifying where the child will reside on each day of the year
• Decision-making provisions: Who has authority for major decisions regarding education, healthcare, and religious upbringing
• Dispute resolution: A process for resolving future parenting disputes (mediation, arbitration, or court intervention)
• Transportation arrangements: How exchanges will occur and who provides transportation
• Communication provisions: Rules for telephone, video, and other communication with the child

Filing Timeline

Under RCW 26.09.181, each party must file a proposed parenting plan by the earlier of:

• 30 days after a trial date is set, or
• 180 days after the case begins (unless extended by agreement)

Mandatory Limitations (RCW 26.09.191)

Washington courts must impose restrictions on a parent's residential time or decision-making under RCW 26.09.191 when certain factors are present:

• Domestic violence: A history of acts of domestic violence or assault causing grievous bodily harm
• Sexual abuse: Any history of sexual abuse of a child
• Neglect or abandonment: A pattern of neglect that endangers the child
• Substance abuse: Long-term emotional or physical impairment from drug, alcohol, or other substance abuse
• Absence or abandonment: The parent has been absent from the child's life for an extended period

Important: When limitations apply, the court may require supervised visitation, treatment completion, or other protective measures before allowing unsupervised contact.

See how different residential schedules translate into annual parenting time percentages under Washington's framework:

Residency and Waiting Period

Washington has unique jurisdictional rules:

• No minimum residency: Under RCW 26.09.030, you can file if you are a Washington resident, stationed here in the military, or married to someone who is
• 90-day waiting period: No decree can be entered until at least 90 days after BOTH filing the petition AND completing service on the other party
• Venue: File in the Superior Court of the county where the petitioner resides

Parenting Seminar Requirements

Under RCW 26.12.172, many Washington counties require parents to complete a parenting seminar:

• King County: Required within 60 days of service (unless waived for good cause)
• Topics covered: Impact of divorce on children, co-parenting communication, reducing conflict
• Domestic violence waiver: May be waived when DV concerns exist

Mediation and Alternative Dispute Resolution

Washington strongly encourages mediation under RCW 26.09.015:

• Mediation is designed to reduce conflict and help parents maintain relationships with their children
• Counties may provide reduced-fee mediation services
• Many counties (e.g., King County) require ADR at least 30 days before trial

Domestic Violence Exception

Under RCW 26.09.016, mediation is generally inappropriate in cases involving domestic violence or child abuse unless the court specifically finds it safe and appropriate.

Child Support Under Washington Guidelines

Washington uses the Income Shares model under RCW Chapter 26.19. The court calculates the total amount an intact household would spend on children, then divides it proportionally between parents based on their net incomes.

Key Support Thresholds (2026)

• Combined net income cap: $50,000/month (table is presumptive up to this amount as of January 1, 2026)
• Self-support reserve: 180% of Federal Poverty Guideline for one person (effective January 1, 2026)
• Minimum order: $50/child/month when income is very low
• 45% cap: Neither parent's total basic support obligations for all children ordinarily exceeds 45% of net income

Net Income Calculation

Washington calculates child support based on net income after deducting:

• Federal and state income taxes
• FICA (Social Security and Medicare)
• Mandatory pension contributions
• Court-ordered maintenance actually paid
• Mandatory union or professional dues
• State industrial insurance premiums

Add-On Expenses

• Health insurance: Premiums and ordinary unreimbursed medical costs shared proportionally
• Work-related childcare: Daycare costs shared based on income percentages
• Special expenses: Tuition, long-distance transportation for parenting time, and extraordinary needs (court approval required)

Residential Time and Support Deviations

Washington does not use an automatic overnight credit for shared parenting time. Instead, under RCW 26.19.075, courts may deviate from the standard calculation when:

• The child spends a significant amount of time with the paying parent
• Evidence shows increased costs for the paying parent during their residential time
• Evidence shows decreased costs for the receiving parent
• A deviation would not leave insufficient funds in the receiving household to meet the child's basic needs

Note: Courts will not grant a deviation if the child receives TANF benefits or if it would leave the receiving household unable to meet the child's basic needs.

Support Duration and Termination

Washington child support follows specific termination rules:

• Standard termination: Age 18 (emancipation)
• High school exception: May extend to allow completion of high school upon a finding of need
• Postsecondary support: Discretionary; courts may order support for college/technical school considering dependency, age, aptitude, and parents' resources (usually not beyond age 23)
• Disabled adult children: Support may continue if the adult child is dependent due to disability

Interest on Arrears

Under RCW 4.56.110(2), unpaid child support accrues interest at 12% per year. Each monthly installment becomes a judgment by operation of law when due.

Modifying Parenting Plans and Support

Washington allows modification under specific circumstances:

Parenting Plan Modification

• Requires a substantial change in circumstances under RCW 26.09.260
• Minor modifications may be easier to obtain than major changes
• Safety limitations under RCW 26.09.191 always apply

Support Modification

• Substantial change: Significant change in income, custody time, or child's needs
• 24-month adjustment: After 24 months, either party may seek adjustment based on income or schedule changes without proving substantial change
• DCS threshold: The Division of Child Support may file to modify if the order is at least 15% above or below the standard calculation

Relocation with Children

Under RCW 26.09.405-560, Washington has specific relocation requirements:

• Written notice required: The relocating parent must provide advance written notice
• Objection process: The other parent may object to the relocation
• Court factors: Courts apply statutory factors to determine whether relocation serves the child's best interests

Enforcement of Support Orders

Washington provides robust enforcement through the Division of Child Support (DCS):

• Income withholding: Automatic wage garnishment for most orders
• License suspension: Driver's, hunting/fishing, professional, and business licenses
• Tax refund intercepts: Federal and state tax refunds applied to arrears
• Passport denial: Federal law denies passports when arrears exceed $2,500
• Credit reporting: Arrears reported to credit bureaus
• Bank levies: Funds may be seized from bank accounts
• Contempt: Willful non-payment can result in fines or incarceration

Key Takeaways

• Parenting plan required: Every case with children must have a detailed parenting plan under RCW 26.09.184
• No minimum residency: Washington residents can file immediately
• 90-day waiting period: From both filing AND service
• Parenting seminar: Required in many counties (e.g., King County within 60 days)
• Mediation encouraged: Required before trial in many counties; DV exception applies
• Income Shares model: Combined net income up to $50,000/month (as of January 2026)
• No automatic overnight credit: Deviations are discretionary under RCW 26.19.075
• Self-support reserve: 180% FPG (January 2026); $50/child minimum
• 45% cap: Total basic obligations capped at 45% of net income
• Support termination: Age 18; may extend for high school or postsecondary
• 12% interest: Accrues on unpaid support arrears
• DCS resources: Use the DCS Quick Estimator for rough support estimates

For general information about divorce processes, see our guide to fault vs. no-fault divorce. For help organizing your case, review our divorce document checklist.