Child Custody Lawyers Near Me - S.L. Pitts, PC

In the area of family law matters, child custody is often the most contested and fought over. Whether you are in the midst of a divorce and attempting to create a parenting plan with your spouse, or if you are in the midst of a custody battle with an ex that you deem to be an unfit parent, working with a Seattle family law attorney can help your family find the best arrangement and defend your legal rights.

At S.L. Pitts, our child custody lawyers near me law firm understands what you are going through and what is at stake. Speak with our Seattle child custody lawyer near you today to help understand your legal rights as a parent or guardian.

Child Custody Cases in the Seattle, WA Area

Child custody law decides on the living arrangements and other vital matters shared between parents who do not live together. During a divorce, couples will often create a parenting plan, outlining the child custody decisions they have agreed upon together. When parents disagree on these matters, it can cause complications requiring mediators or the court itself to intervene.

Divorcing couples often just wish to divide time equally between them, with a 50/50 parenting plan. This is not always the best choice, and it is not something that the court will automatically grant. A child custody lawyer can help you create a strategic plan to present your side of the story and be prepared to rebuff any negative or untrue statements your ex may make about you.

Types of Custody Arrangements for Minor Children

Washington State requires custody arrangements to be determined as a part of a parenting plan, outlining physical and legal custody choices.

Legal custody refers to the parent’s responsibility of making life decisions for the child, including education, medical care, and religion.
Physical custody refers to where the child lives and how that time is possibly divided between the two parents.

Both types of custody can be shared or solely given to one parent. Traditionally, unless there is a lack of interest from one parent or significant reasons, such as one parent being located out of the state, the court will attempt to find a shared custody solution that allows both parents to be present in the child’s life, preserving the status quo to the best of their ability.

If both parents agree on an arrangement, it can be recorded in the parenting plan and presented to the court. King County provides family law forms online in both Word document and PDF form, so you can fill them out at home or with your legal advisor. However, if parents are unable to agree, a mediator may be brought in to help with negotiations, or the court may step in to make the decision instead. Our Seattle child custody lawyers near you can help you present your case to the court and fight for your legal rights as a parent.

How Custody Arrangements Are Determined

Like many other court systems, Washington State Courts prioritize the best interests of the child over the preferences of the parents. Two fundamental parts of child custody typically guide the court: preserving the status quo and determining who the primary parent is. The court will generally attempt to keep minor children in their family home, not separate siblings, and aim to allow current daily activities and schooling to continue as is.

The courts will also place a higher value on preserving the primary parent’s custody. The primary parent is defined as the one who performs the majority of parenting responsibilities for the child, including tasks such as:

Ensuring basic needs are met, such as food, water, and clothing
Bathing and ensuring the child is kept clean
Arranging and taking the child to medical appointments and other activities
Helping the child with their homework
Overseeing a bedtime routine

Depending on the child’s maturity, not just their age, the child may also be consulted regarding their preferences for custody arrangements. There is a wide range of possible child custody arrangements, so speaking with a lawyer knowledgeable about Seattle family law may help you determine what the best plan is for your family. Modifications to child custody arrangements are possible, but it is best to establish your parenting plan correctly the first time around.

Child Visitation Rights

If physical custody is granted solely to one parent, visitation rights are typically awarded to the non-custodial parent. The parenting plan will outline the amount of expected time the non-custodial parent should be allowed to visit with their child. The courts award several different types of visitation to preserve the relationship, but still protect the child’s best interests and safety, if there is any concern. These types include:

Scheduled Visitations: Structured, scheduled time that the non-custodial parent will be able to visit with their child. The parenting plan schedule will help make sure there is consistency in the visits and reduce potential conflict.

Supervised Visitations: A third party may be brought in if the court orders a supervised visitation due to potential risk to the child’s safety. This could be either a professional, such as a child development professional or a social worker, or a non-professional, such as family members or friends, approved by the court.
Restricted Visitation: In some extreme cases, the court may limit or deny visitation completely. The law prioritizes the best interests of a child and will deny visitation rights if there is proper evidence of abuse, neglect, or substance abuse from the non-custodial parent that could affect the child’s safety.

Visitation is primarily granted by the court to allow the child to continue having a relationship with their non-custodial parent. Third parties, like grandparents or other relatives, may also request visitation rights from the court, but this requires proof that denial of these rights would harm the child’s well-being.

How to Modify Child Custody Orders

To modify child custody orders, you must prove that there has been a substantial change in your family’s circumstances since the original order was issued that impacts the child. These significant changes could include changes in income, relocation, and living situations, the child’s needs, or work schedules. For example, if you have a new job and are required to travel more, you may need to modify your child custody orders to require the other parent to have more frequent physical custody.

You can obtain the form for the modification of orders in Washington State Courts online. After filling this out, you will need to file a petition, file a motion for adequate cause, and propose a new parenting plan to the courts. Our child custody lawyers near you in Seattle can help walk you through these steps to make sure that you get the best chance at proceeding with your modified orders.

How to Get Full Child Custody

If the other parent of your child has a history of harmful behaviors that could jeopardize the safety of your child, you may be able to be awarded full custody. Special circumstances that could restrict the other parent’s time with the child could include drug or alcohol addiction, a history of domestic abuse, or past evidence of child neglect. While the court always strives to keep both parents active in the child’s life, these situations that show the child may be in danger with that parent can prove that you are more fit to have full custody over the child.

The court may make a parent undergo drug, alcohol, or domestic violence treatment as well as counseling prior to granting a visitation schedule. If you are still concerned about your child’s well-being during visitation times, you may request supervised visitation or look into protective orders. Our domestic violence lawyers can help you gather proof of abuse and determine if protective orders for you and your child may be appropriate.

In the special circumstances that require a parent to seek full custody, working with our child custody attorneys can help give you the best possible chances at preparing for your case. Do not risk the safety of your child by taking your case to court without legal support. Contact our team today to learn more about what you can do to legally protect your child and your family’s best interests.

Obtaining Child Custody as a Relative or Grandparent in King County

If you are a grandparent or close relative concerned about the safety of a child, you may be able to seek a legally recognized guardianship over the child. Family members often step in when they see that parents are unfit to continue in their role of caring for a child, but obtaining official guardianship puts you in a protected and legally recognized role. Under Washington State Legislature RCW 11.130, the court can give guardianship of a minor to a family member or grandparent in the following circumstances:

Both parents must agree to the guardianship
The parents’ rights have been terminated
There is clear evidence that no parent is willing or able to care for the child properly

Minor guardianship can be granted either in the long term, short term, or immediate/emergency form. You should file for long-term minor guardianship if you need to care for the child for an extended period of time, and it will take roughly 60 days to complete. If the child requires care immediately and potentially for a short period, you may file for short-term guardianship, which can be granted once and typically only lasts 60-120 days.

Emergency or immediate guardianship is granted in cases where the child is in danger due to abuse or the parent being unable to care for them due to a mental health issue or a medical emergency. You may file for short-term guardianship or immediate guardianship while seeking long-term guardianship. Working with a child custody lawyer near you can help you best understand the workings of our local court systems, precedent-setting cases, and other knowledge in the King County area that could help you gain a strategic edge. If you are a relative or grandparent seeking guardianship over a child, schedule a free case consultation to learn about your rights.

Benefits of Hiring Local Child Custody Lawyers Near You

As locals to Seattle, our child custody lawyers know the ins and outs of family law hearings, motions, and finalizations in our King County Courts. While every family’s situation is unique, our experience with other local cases can help streamline certain aspects of the process as well as give you insight into strategies for presenting your side of the matter. Washington State Courts also provides this beneficial information regarding whether or not you should hire a lawyer.

Our lawyers understand the complexities of caring for a child in the Seattle area and can help you calculate child support payments. Specifically in divorce situations involving high-income households and custody battles with children involved in expensive extracurricular activities, legal support can help ensure that you get the support you need to help your child have the smoothest transition possible.

At S.L. Pitts, our child custody lawyers always put our clients’ interests first and strive to provide open and honest advice. As a part of our core values, we believe clients, opponents, and the court should be treated with respect, and that acting out of a place of negative emotions simply undermines judgment. We strive to provide you with creative solutions for your family’s problems and take pride in the quality of our work.

Contact Our Seattle Child Custody Lawyers Near Me Law Firm

Consult with a child custody lawyer from S.L. Pitts about taking control of your family’s future. Do not blindly let your ex dictate what custody arrangements and visitation rights will be. Working with one of our child custody attorneys helps provide you with the legal resources, local court knowledge, and negotiation experience to find the best arrangement for you and your children. Contact us today for a free, no-obligation case consultation. We’re proud to help local parents during a stressful time.