How Child Custody is Awarded | Sabrina Layman

The law in Washington is very detailed in terms of elements for child custody. The court has to start, on a temporary basis, by looking at what would be the least disruptive for the children. That really means: What have the parents been doing? Where do they live? What ages are the kids? Can the children go back and forth between households without it being too disruptive? Do they have soccer, art, drama? What grade are they in? What’s the parents’ work schedule? 

So there are a lot of things the court is required to look at by law. Then the overlay is always: What’s in the best interest of the children? 

Both parents — or all parties involved — usually have strong opinions about what they think is in the children’s best interest. Sometimes the conflict is so high that the court will appoint what’s called a guardian ad litem. That’s a court-appointed advocate who interviews the parents, interviews the children if they’re old enough, talks to other parties, and gives the court an idea of what to do. 

But ultimately, it’s a judge in a black robe sitting, listening, and trying to decide what they think is best for your kids. And it can be very difficult. The law is pretty specific on what they have to look at.