AN ACT Relating to parenting minor children; amending RCW 26.09.190, 26.09.240, 26.09.260, and 26.26.130; adding new sections to chapter 26.09 RCW; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. The legislature finds and declares that it is the public policy of this state to assure minor children frequent and continuing contact with both parents after the parents have separated or dissolved their marriage or relationship and to encourage parents to share the rights and responsibilities of child rearing. Furthermore, it is the intent of the legislature that parenting responsibilities not be abrogated on the basis of gender or the age of the child, and that it is in children's best interest that children receive substantially equal amounts of parenting by both parents. The legislature encourages mediation and amicable settlements and discourages interference with parenting time and alienation of affection.

NEW SECTION. Sec. 2. Unless the context clearly requires otherwise, the following definitions apply throughout this chapter.

(1) "Parenting" means the same as "custody," and can be used interchangeably, the former being the preferred term, as it refers to those responsibilities and duties a parent has in providing the child with the necessities including shelter, food, clothing, education, health care, and nurturing.

(2) "Joint parenting order" means an order maintaining the parenting of the minor children, continuing the equality of parenting rights and the sharing of parenting responsibilities, and providing assurance that parenting time is allocated between the parents as equally as possible, as determined by the practicabilities of each case.

(3) "Parenting time" means "visitation" and has the same meaning as "physical custody." These terms can be used interchangeably, with "parenting time" being the preferred term.

(4) "Primary parenting" has the same meaning as "sole custody." These two terms may be used interchangeably, the former being the preferred term. Primary parenting is only awarded when joint parenting is not.

(5) "Alternate parenting" refers to the rights and responsibilities of the parent who is not awarded primary parenting, and is only awarded when joint parenting is not.

NEW SECTION. Sec. 3. This section applies to a parenting decree and to a petition for modification under this title.

Parenting shall be ordered in the following order of preference:

(1) To both parents, under the following circumstances;

(a) If the parents agree, the court shall enter a decree of joint parenting conforming to the agreement of the parents;

(b) The court may award joint parenting in other cases. Objections to joint parenting as a basis for a parent seeking primary parenting are not sufficient for a finding that joint parenting is not in the best interest of a child, nor is a finding that the parents are hostile to each other sufficient. If the court finds through clear and convincing evidence that joint parenting would be detrimental to the physical, mental, or emotional health of the child, the court shall state in its findings of fact the reasons for denial of an award of joint parenting.

(c) In determining the specifics of joint parenting, the court shall order maintaining equal parenting rights and sharing of parental responsibilities, and shall provide assurance that parenting time is allocated as equally as possible between the parents, as determined by the practicabilities of each case.

(2) To either parent. In making an order for parenting to either parent, the parent requesting primary parenting has the burden of proving that sole custody is in the best interests of the child. If the parents agree to an award of primary parenting, the court shall enter an award of primary parenting conforming to the agreement of the parents. The court shall set forth the specific findings of fact and conclusions of law on which its order is based, unless the parents have stipulated to an order of primary parenting.

(3) To the grandparents, relatives, or persons in whose home the child has been living for an extended period of time in a wholesome and stable environment, or to any other person or persons determined by the court to be suitable and able to provide adequate and proper care and guidance for the child.

(4) To any private or state organization determined suitable by the court or the parents.

Sec. 4. Section 19, chapter 157, Laws of 1973 1st ex. sess. and RCW 26.09.190 are each amended to read as follows:

((~~The court shall determine custody in accordance with the best interests of the child.~~)) A court order for parenting shall include a parenting plan determined in accordance with the best interest of the child. The court shall not prefer a parent based upon that parent's gender or the age of the child. The court shall include each provision on which both parents agree. The court shall consider all relevant factors including:

(1) The children's need for a continuing relationship with both parents and the willingness of each parent to perform parenting responsibilities;

(2) The wishes of the ((~~child's~~)) parent ((~~or parents~~)) as to ((~~his custody and as to visitation privileges~~)) the parenting plan;

((~~(2) The wishes of the child as to his custodian and as to visitation privileges;~~

~~(3) The interaction and interrelationship of the child with his parent or parents, his siblings, and any other person who may significantly affect the child's best interests;~~

~~(4)~~)) (3) Which parent is more likely to allow the child frequent and continuing contact with the other parent;

(4) The wishes of the child, after the court has determined the child to be of sufficient maturity, understanding, and experience to express preferences and the court is advised of the influence affecting the child's wishes;

(5) The relationship of the child to each parent, siblings, and other persons who may significantly affect the child's best interest;

(6) The child's adjustment to ((~~his~~)) home, school, and community; and

((~~(5)~~)) (7) The mental and physical health of all ((~~individuals~~)) persons involved;

(8) If there is a change of geographical location of either parent or a proposed change thereof which may interfere with parenting time or responsibilities.

The court shall not consider conduct of a proposed guardian that does not affect the welfare of the child nor shall the court consider allegations of child abuse unless a finding is made that the charges are substantiated.

Sec. 5. Section 24, chapter 157, Laws of 1973 1st ex. sess. as amended by section 1, chapter 271, Laws of 1977 ex. sess. and RCW 26.09.240 are each amended to read as follows:

((A parent not granted custody of the child is entitled to reasonable visitation rights unless the court finds, after a hearing, that visitation would endanger the child's physical, mental, or emotional health. The court may order visitation rights for any person when visitation may serve the best interest of the child whether or not there has been any change of circumstances.

~~Any person may petition the court for visitation rights at any time including, but not limited to, custody proceedings.~~

The court may modify an order granting or denying visitation rights whenever modification would serve the best interests of the child but the court shall not restrict a parent's visitation rights unless it finds that the visitation would endanger the child's physical, mental, or emotional health.)) (1) Each parent is entitled to parenting time, and the court shall not restrict or limit parenting time unless the court finds, after a hearing, that the parenting time would endanger the child's physical, mental, or emotional health. During parenting time, the parent has the lawful right to physical custody.

(2) Visitation rights may be ordered by the court for grandparents or any other nonparent, when visitation may serve the best interest of the child, whether or not there has been any change of circumstances.

(3) Any parent may petition the court for parenting time, and any grandparent or nonparent may petition the court for visitation rights at any time including, but not limited to, parenting proceedings.

NEW SECTION. Sec. 6. At the time a petition for dissolution is filed the court shall issue the petitioner two copies of a proposed parenting plan developed by the administrator for the courts. One of these shall be served on the respondent along with the petition.

Before trial, each parent may submit his or her proposed parenting plan. The proposed parenting plan outline is for use by private or public agencies, counselors, mediators, or the court. Parents need not compare their separate proposals in advance of the hearing, however they may do so on the expectation that mutual consultation in advance will facilitate the court process.

NEW SECTION. Sec. 7. The court may, in any case under sections 1 through 3 of this act, RCW 26.09.230 and 26.09.240, this section, section 8 of this act, RCW 26.09.260, sections 10 through 12 of this act, and RCW 26.26.130, at any time refer the parties to mediation on any issues. Any agreement reached by the parties through mediation shall be reduced to writing and presented to the court for approval as a court order.

When agreement through mediation is not reached on an issue, the court shall determine whether the parties made a good faith effort to mediate the issue before proceeding with a hearing. If the court finds that either party failed to make a good faith effort to mediate, the court may order the parties to submit to further mediation, may render a decision or judgment by default, may award attorneys' fees and costs, and may impose any other sanction that is appropriate under the circumstances. The court may also impose an appropriate sanction upon a party's failure without good cause to appear for mediation after receiving notice of the scheduled time for mediation.

NEW SECTION. Sec. 8. (1) A parent's right of mobility does not automatically include the right to change the residence of the children. Unless otherwise provided in the decree, neither parent may remove the child for the purposes of relocation if it would interfere with the parenting time or parenting responsibilities of either parent, without first obtaining written consent of the other parent or modification of the parenting order.

(2) A parent who retains the child in his or her care when the child should be in the care of the other parent without permission of that parent or order of the court is presumed to have interfered with the parenting rights of the other parent and the rights of the child to have a continuing relationship with both parents, and shall be subject to RCW 26.09.260(1)(c), 9A.40.060, 9A.40.070, and 26.09.255, unless that parent has been proven by clear and convincing evidence to have acted in a good faith effort to protect the child from physical, mental, or emotional harm.

Sec. 9. Section 26, chapter 157, Laws of 1973 1st ex. sess. and RCW 26.09.260 are each amended to read as follows:

(1) The court shall not modify a prior ((~~custody~~)) parenting decree unless it finds, upon the basis of facts that have arisen since the prior decree or that were unknown to the court at the time of the prior decree, that a change has occurred in the circumstances of the child or ((~~his custodian~~)) the parents and that the modification is necessary to serve the best interests of the child. In applying these standards the court shall retain the custodian established by the prior parenting decree unless:

(a) The ((~~custodian agrees~~)) parents agree to the modification;

(b) The child has been integrated into the family of the petitioner with the consent of the ((~~custodian~~)) other parent; ((or))

(c) A parent interferes with the parenting time of the other parent constituting custodial interference as defined in RCW 9A.40.060 and 9A.40.070;

(d) A parent attempts to debase or nullify the natural or common parental role of the other parent or maliciously interferes with the natural affections of respect of the child for the other parent;

(e) The child's present environment is detrimental to his or her physical, mental, or emotional health ((~~and the harm likely to be caused by a change of environment is outweighed by the advantage of a change to the child~~)); or

(f) There is a proposal from either parent to relocate, which relocation would interfere with the parenting time and responsibilities of either parent.

(2) If the court finds that a motion to modify a prior ((~~custody~~)) parenting order has been brought in bad faith, the court shall assess the attorney's fees and court costs ((~~of the custodian~~)) against the petitioner.

NEW SECTION. Sec. 10. Unless otherwise ordered by the court, each parent shall have access to records and information pertaining to the activities of a minor child, including but not limited to, medical, dental, social, and educational records of the child.

NEW SECTION. Sec. 11. It shall be determined in the parenting decree which parent shall claim the tax exemption for each child.

NEW SECTION. Sec. 12. One parent shall be designated as a recipient of aid to dependent children in situations where it is appropriate and necessary. Being designated the recipient in no way constitutes a denial of equal parenting rights for either parent.

Sec. 13. Section 14, chapter 42, Laws of 1975-'76 2nd ex. sess. as amended by section 8, chapter 41, Laws of 1983 1st ex. sess. and RCW 26.26.130 are each amended to read as follows:

(1) The judgment and order of the court determining the existence or nonexistence of the parent and child relationship shall be determinative for all purposes.

(2) If the judgment and order of the court is at variance with the child's birth certificate, the court shall order that an amended birth certificate be issued.

(3) The judgment and order shall contain other appropriate provisions directed to the appropriate parties to the proceeding, concerning the duty of current and future support, the extent of any liability for past support furnished to the child if that issue is before the court, the custody and guardianship of the child, visitation privileges with the child, the furnishing of bond or other security for the payment of the judgment, or any other matter in the best interest of the child. The judgment and order may direct the father to pay the reasonable expenses of the mother's pregnancy and confinement.

(4) Support judgment and orders shall be for periodic payments which may vary in amount. The court may limit the father's liability for the past support to the child to the proportion of the expenses already incurred as the court deems just: PROVIDED HOWEVER, That the court shall not limit or affect in any manner the right of nonparties including the state of Washington to seek reimbursement for support and other services previously furnished to the child.

(5) ((In determining the amount to be paid by a parent for support of the child and the period during which the duty of support is owed, the court shall consider all relevant facts, including, but not limited to:

~~(a) The needs of the child;~~

~~(b) The standard of living and circumstances of the parents;~~

~~(c) The relative financial means of the parents;~~

~~(d) The earning ability of the parents;~~

~~(e) The need and capacity of the child for education, including higher education;~~

~~(f) The age of the child;~~

~~(g) The responsibility of the parents for the support of others; and~~

~~(h) The value of services contributed by the custodial parent.~~

~~(6) In determining custody, a court, in accordance with the best interests of the child, shall consider all relevant facts including:~~

~~(a) The wishes of the child's parents or parent as to the child's custody and as to visitation;~~

~~(b) The wishes of the child as to the child's custodian and as to visitation privileges;~~

~~(c) The interaction and interrelationship of the child with the child's parent or parents, the child's siblings, and any other person who may significantly affect the child's best interests;~~

~~(d) The child's adjustment to home, school, and community; and~~

~~(e) The mental and physical health of all individuals involved.~~

~~The court shall not consider conduct of a proposed custodian that does not affect the welfare of the child.~~)) Upon the finding and order of paternity, it shall be assumed that the parenting rights and responsibilities of the father are equal to those of the mother, and a parenting decree shall be determined in the same manner as it is in a dissolution action. However, if there is a finding that the interpersonal relationship between the father and the child is nonexistent or is significantly limited, that fact is not justification for denying or restricting parenting time. Consideration shall be given to allow an appropriate gradual intergration period of the child into the family of the father, considering the child's emotional welfare.

(7) In any dispute between the natural parents of a child and a person or persons who have (a) commenced adoption proceedings or who have been granted an order of adoption, and (b) pursuant to a court order, or placement by the department of social and health services or by a licensed agency, have had actual custody of the child for a period of one year or more before court action is commenced by the natural parent or parents, the court shall consider the best welfare and interests of the child, including the child's need for situation stability, in determining the matter of custody, and the parent or person who is more fit shall have the superior right to custody.

NEW SECTION. Sec. 14. Sections 1 through 3, 6 through 8, and 10 through 12 of this act are each added to chapter 26.09 RCW.

NEW SECTION. Sec. 15. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 16. This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect immediately.