Divorce requires a series of difficult decisions. People have to make the choice to file initially, and then they have to address numerous practical matters. Most couples have property to divide, and many also have children who require support from their parents even after the divorce.
Parenting issues are often among the most complicated and emotional aspects of any pending divorce in Washington. People frequently struggle to understand their rights, which may lead to them making unnecessary concessions or sacrifices.
What rights do parents generally have in a divorce scenario involving minor children?
The right to establish a temporary order
One of the most important provisions protecting parental rights in Washington is the right to request a temporary custody order during the divorce proceedings. Divorces with children can take a year or longer to complete in some cases.
A parent denied access for an entire year could suffer major setbacks in their relationships with their children. Parents typically have the right to request temporary custody orders implemented shortly after filing the initial divorce paperwork. Temporary custody orders help ensure that a parent has time with their children and a say in their upbringing even before the courts officially finalize their divorce and end the marriage.
The right to time and decision-making authority
Typically, parents have certain responsibilities that come with certain rights. Parents generally have the right to make decisions about their children while they are still minors. Parents decide what schools their children attend, what religion they observe and even what medical care they receive.
Parents also have a right to spend time with their children both on a day-to-day basis and on days with special significance, including holidays and birthdays. Most divorces result in shared custody arrangements where judges grant each parent a degree of decision-making authority and a portion of parenting time.
The other parent typically needs compelling evidence of negligence, abuse or an inability to parent if they want to interfere in those rights or limit the authority and parenting time of the other parent. Judges typically focus more on what is best for the children than the rights of the parents, but the rights of the parents are still important considerations.
Those who learn about parental rights and responsibilities can push for reasonable parenting time and custody arrangements during a Washington divorce. Parents who focus on what is best for their children may have an easier time making a compelling case in family court than those who prioritize their own wishes.
