In theory, all parents in Washington have the same basic rights. The law makes it clear that the family courts should not extend preferential consideration to one parent over the other. Instead, there is a presumption that parents should share custody, control and responsibility for children while they are still minors.
Typically, parents who share custody worry primarily about the overall division of parenting time. They want as much time as possible with their children, as well as rules that ensure they can be with their children on important days, including holidays and birthdays.
They may also need to consider their right to exert parental authority or control. Ideally, parents will agree with one another on major issues related to their children. What happens in scenarios where parents find themselves disagreeing on matters related to their children’s upbringing?
Each parent has a degree of control
Shared control or parental authority is standard in a shared custody scenario. Each parent has the authority necessary to make decisions during their parenting time. They choose when the children go to bed, what they eat and even how they handle minor emergencies that arise.
The parent who currently has parenting time can choose where the child receives medical care if they fall out of a tree or get bitten by a dog. Parents generally do not have to consult with one another about what they do during their own parenting time as long as they make choices that are in the best interests of the children.
However, parents also have to make decisions that have long-term implications for their children and the family as a whole. They choose what schools their children attend, what religion they observe and what medical care they receive. Parents usually need to reach an agreement on these key issues.
If they cannot agree, then they may need to petition the courts for assistance. A family law judge can potentially resolve a dispute regarding decision-making authority. They can decide what is in the best interests of the children given the circumstances.
In cases where conflict has been a recurring issue, judges may even choose to modify the custody order. They can give one parent more control over certain types of decisions to prevent conflict from continuing to complicate the shared custody arrangement.
Ideally, parents should communicate calmly and consistently so that they can both exercise their legal control and act in the best interests of their children. Recognizing when it may be necessary to take legal action over child custody matters can help parents assert themselves and protect their children.
