S-4158.1 _______________________________________________
SENATE BILL 6330
_______________________________________________
State of Washington 53rd Legislature 1994 Regular Session
By Senators Owen, Erwin and Hargrove
Read first time 01/19/94. Referred to Committee on Law & Justice.
AN ACT Relating to parenting; amending RCW 26.09.002, 26.09.004, 26.09.184, 26.09.187, 26.09.194, 26.09.197, 26.09.255, 26.09.260, 26.09.285, and 26.26.160; reenacting and amending RCW 26.09.191 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:
Sec. 1. RCW 26.09.002 and 1987 c 460 s 2 are each amended to read as follows:
Parents have the responsibility to make decisions
and perform other parental functions necessary for the care and growth of their
minor children. In any proceeding between parents under this chapter, the best
interests of the child, the rights of the child, and the rights of the
parents shall be the ((standard)) governing principles by
which the court determines and allocates the parties' parental
responsibilities. The state recognizes the fundamental importance of the
parent-child relationships to the welfare of the child, and that the
relationship between the child and each parent should be fostered unless
inconsistent with the child's best interests and proven harmful to the child.
The best interests of the child are served by a parenting arrangement that best
maintains a child's emotional ((growth)), mental, and physical
health, growth, and stability((, and physical care)). Further,
the best interest of the child is ordinarily served when ((the existing
pattern of interaction between a)) the continued and frequent contact
between each parent and child is divided equally or nearly equally
between the parents and is altered only to the extent necessitated by the
changed ((relationship)) geographic proximity of the parents or
as required to protect the child from physical, mental, or emotional harm.
The policy of the state is that each minor child has the right to emotionally bond with, and have natural affection and respect for, both natural parents; each minor child has the right to frequent and continuing contact with both natural parents; and equal or nearly equal contact between both parents is fundamental to the child's natural and maximal stability, emotional security, growth, and adjustment. Each minor child has the right to perceive both parents as a parent of natural authority and influence and each parent has the right to care, custody, and control of his or her child. To fulfill these rights and keep these aspects of a natural parent-child relationship intact is most commonly in the child's, as well as society's, best interest.
The policy of the state is to encourage cooperation between the parents in raising their child. In effectuating this policy, the courts shall discourage and deter either parent's unjustified attempts to interfere with the child's natural relationship with the other parent, or with the fundamental and legal rights of the child or other parent, or shall consider that the more cooperative and sharing parent is commonly the most fit parent for being awarded greater parenting rights, privileges, and responsibilities when necessary, and that this would normally be in the best interest of the child. The court shall extend the virtues of fairness, acceptance, cooperation, and reasonableness, and the understanding that these characteristics are paramount to the welfare of the child by means of a presumption in favor of joint parenting.
The policy of the state is that neither parent shall be preferred over the other in determining residential provisions, daily control, custody of the child, financial support of the child, decision-making authority, or parental rights, on the basis of gender or the past performance of a predetermined particular parenting role or function.
Sec. 2. RCW 26.09.004 and 1987 c 460 s 3 are each amended to read as follows:
The definitions in this section apply throughout this chapter.
(1) "Joint parenting" means both parents having: Equal custodial rights, mutual decision-making authority or equal distribution of the areas of decision-making authority, equal or nearly equal sharing of parenting responsibilities, and equal residential parenting time or as equal as possible as determined by the practicabilities of each case.
(2) "Temporary parenting plan" means a plan for parenting of the child pending final resolution of any action for dissolution of marriage, declaration of invalidity, or legal separation which is incorporated in a temporary order.
(((2))) (3) "Permanent
parenting plan" means a plan for parenting the child, including allocation
of parenting functions, which plan is incorporated in any final decree or
decree of modification in an action for dissolution of marriage, declaration of
invalidity, or legal separation.
(((3))) (4) "Parenting
functions" means those aspects of the parent-child relationship in which
the parent makes decisions and performs functions necessary for the care and
growth of the child. Parenting functions include:
(a) Maintaining a loving, stable, consistent, and nurturing relationship with the child;
(b) Attending to the daily needs of the child,
such as ((feeding, clothing,)) physical care ((and grooming)),
supervision, emotional nurturing, health care, and ((day care, and))
engaging in other activities which are appropriate to the developmental level
of the child and that are within the social and economic circumstances of the
particular family;
(c) Attending to adequate education for the child, including remedial or other education essential to the best interests of the child;
(d) Assisting the child in developing and maintaining appropriate interpersonal relationships;
(e) Exercising appropriate judgment regarding the child's welfare, consistent with the child's developmental level and the family's social and economic circumstances; and
(f) Providing for the financial support of the child.
Sec. 3. RCW 26.09.184 and 1991 c 367 s 7 are each amended to read as follows:
(1) OBJECTIVES. The objectives of the permanent parenting plan are to:
(a) Provide for the child's ((physical care))
mental, emotional, and physical care and health;
(b) ((Maintain the child's emotional
stability)) Provide for the child's continuing and frequent contact with
both parents;
(c) Provide for the child's changing needs as the child grows and matures, in a way that minimizes the need for future modifications to the permanent parenting plan;
(d) Set forth the authority and responsibilities of each parent with respect to the child, consistent with RCW 26.09.002 and the criteria in RCW 26.09.187 and 26.09.191;
(e) Minimize the child's exposure to harmful parental conflict by ensuring that the more reasonable, cooperative, and sharing parent is identified as the more fit parent to be named as residential parent or custodial parent;
(f) Encourage the parents, where appropriate under RCW 26.09.187 and 26.09.191, to meet their responsibilities to their minor children through agreements in the permanent parenting plan, rather than by relying on judicial intervention; and
(g) To otherwise protect the best interests and rights of the child and the rights of the parents consistent with RCW 26.09.002.
(2) CONTENTS OF THE PERMANENT PARENTING PLAN. The permanent parenting plan shall contain provisions for resolution of future disputes between the parents, allocation of decision-making authority, a statement regarding relocation with the child, the tax exemption for the child, and residential provisions for the child.
(3) DISPUTE RESOLUTION. A process for resolving disputes, other than court action, shall be provided unless precluded or limited by RCW 26.09.187 or 26.09.191. A dispute resolution process may include counseling, mediation, or arbitration by a specified individual or agency, or court action. In the dispute resolution process:
(a) Preference shall be given to carrying out the parenting plan;
(b) The parents shall use the designated process to resolve disputes relating to implementation of the plan, except those related to financial support, unless an emergency exists;
(c) A written record shall be prepared of any agreement reached in counseling or mediation and of each arbitration award and shall be provided to each party;
(d) If the court finds that a parent has used or frustrated the dispute resolution process without good reason, the court shall award attorneys' fees and financial sanctions to the prevailing parent;
(e) The parties have the right of review from the dispute resolution process to the superior court; and
(f) The provisions of (a) through (e) of this subsection shall be set forth in the decree.
(4) ALLOCATION OF DECISION-MAKING AUTHORITY.
(a) The plan shall allocate decision-making
authority to one or both parties regarding the children's education, health
care, organized extracurricular activities, and religious upbringing.
The parties may incorporate an agreement related to the care and growth of the
child in these specified areas, or in other areas, into their plan, consistent
with the criteria in RCW 26.09.187 and 26.09.191. Regardless of the allocation
of decision-making in the parenting plan, either parent may make ((emergency))
decisions affecting the health or safety of the child.
(b) Each parent may make decisions regarding the day-to-day care and control of the child while the child is residing with that parent.
(c) When mutual decision making is designated but cannot be achieved, the parties shall make a good-faith effort to resolve the issue through the dispute resolution process.
(5) RESIDENTIAL PROVISIONS FOR THE CHILD. The plan shall include a residential schedule which designates in which parent's home each minor child shall reside on given days of the year, including provision for holidays, birthdays of family members, vacations, and other special occasions, consistent with the criteria in RCW 26.09.187 and 26.09.191.
(6) PARENTS' OBLIGATION UNAFFECTED. If a parent fails to comply with a provision of a parenting plan or a child support order, the other parent's obligations under the parenting plan or the child support order are not affected. Failure to comply with a provision in a parenting plan or a child support order may result in a finding of contempt of court, under RCW 26.09.160.
(7) PROVISIONS TO BE SET FORTH IN PERMANENT PARENTING PLAN. The permanent parenting plan shall set forth the provisions of subsections (3) (a) through (c), (4) (b) and (c), and (6) of this section.
Sec. 4. RCW 26.09.187 and 1989 c 375 s 10 are each amended to read as follows:
(1) DISPUTE RESOLUTION PROCESS. The court
shall ((not)) order a dispute resolution process, ((except)) or
court action, when it finds that any limiting factor under RCW 26.09.191
applies((, or when it finds that either parent is unable to afford the cost
of the proposed dispute resolution process)). If a dispute resolution
process is not precluded or limited, then in designating such a process the
court shall consider all relevant factors, including:
(a) Differences between the parents that would substantially inhibit their effective participation in any designated process;
(b) The parents' wishes or agreements and, if the parents have entered into agreements, whether the agreements were made knowingly and voluntarily; and
(c) Differences in the parents' financial circumstances that may affect their ability to participate fully in a given dispute resolution process.
(2) ((ALLOCATION OF DECISION-MAKING
AUTHORITY.
(a)))
AGREEMENTS BETWEEN THE ((PARTIES)) PARENTS. The court shall
approve agreements of the parties allocating decision-making authority, ((or
specifying rules in the areas listed in RCW 26.09.184(4)(a))) regarding
residential provisions, and selecting a dispute resolution process, when it
finds that:
(((i))) (a) The agreement is
consistent with any limitations ((on a parent's decision-making authority))
mandated by RCW 26.09.191; and
(((ii))) (b) The agreement is
knowing and voluntary.
(((b) SOLE DECISION-MAKING AUTHORITY. The
court shall order sole decision-making to one parent when it finds that:
(i) A limitation on the other parent's
decision-making authority is mandated by RCW 26.09.191;
(ii) Both parents are opposed to mutual
decision making;
(iii) One parent is opposed to mutual decision
making, and such opposition is reasonable based on the criteria in (c) of this
subsection;
(c))) (3)
MUTUAL DECISION-MAKING AUTHORITY. Except as provided in (((a) and (b) of
this subsection)) this section, the court shall ((consider)) issue
an order that will enable each parent to participate in decision making in a
manner consistent with subsection (5) of this section and after considering
the following criteria in allocating decision-making authority:
(((i))) (a) The existence of a
limitation under RCW 26.09.191; and
(((ii) The history of participation of each
parent in decision making in each of the areas in RCW 26.09.184(4)(a);
(iii) Whether the parents have a demonstrated
ability and desire to cooperate with one another in decision making in each of
the areas in RCW 26.09.184(4)(a); and
(iv))) (b)
The parents' geographic proximity to one another, to the extent that ((it
affects their ability to make timely mutual decisions)) the distance
between the parents would make mutual or equal distribution of decision making
unworkable.
(((3))) (4) RESIDENTIAL PROVISIONS.
(((a))) The court shall make residential
provisions for each child which encourage each parent to maintain a loving,
stable, and nurturing relationship with the child, consistent with the child's
developmental level and the family's social and economic circumstances. ((The
child's residential schedule shall be consistent with)) Except as
provided in subsection (2) of this section, the court shall issue an order that
provides frequent and continuing contact between the child and both parents consistent
with subsection (5) of this section and after considering the criteria in
RCW 26.09.191. Where the limitations of RCW 26.09.191 are not dispositive of
the child's residential schedule, the court shall consider the following
factors:
(((i) The relative strength, nature, and
stability of the child's relationship with each parent, including whether a
parent has taken greater responsibility for performing parenting functions
relating to the daily needs of the child;
(ii))) (a)
Which parent is more likely to allow the child frequent and continuing contact
with, and encourage affection and respect for, the other parent, or act with
appropriate discretion in allowing contact with, and natural affection and
respect between, the child and other parent while protecting the child from
harm;
(b) The agreements of the parties, provided they were entered into knowingly and voluntarily;
(((iii))) (c) Each parent's ((past
and)) potential for future performance of parenting functions;
(((iv) The emotional needs and developmental
level of the child;
(v))) (d)
The child's relationship with siblings and with other significant adults, as
well as the child's involvement with his or her physical surroundings, school,
or other significant activities;
(((vi))) (e) The wishes of the
parents and the wishes of a child who is sufficiently mature to express substantial
reasoned and independent preferences as to his or her residential schedule; and
(((vii))) (f) Each parent's
employment schedule, and shall make accommodations consistent with those
schedules.
((Factor (i) shall be given the greatest
weight.
(b) The court may order that a child frequently
alternate his or her residence between the households of the parents for brief
and substantially equal intervals of time only if the court finds the
following:
(i) No limitation exists under RCW 26.09.191;
(ii)(A) The parties have agreed to such
provisions and the agreement was knowingly and voluntarily entered into; or
(B) The parties have a satisfactory history of
cooperation and shared performance of parenting functions; the parties are
available to each other, especially in geographic proximity, to the extent
necessary to ensure their ability to share performance of the parenting
functions; and
(iii) The provisions are in the best interests
of the child))
(5) DEVIATION FROM JOINT PARENTING.
(a) The court shall issue an order of joint parenting consistent with the definition in RCW 26.09.004(1) and the provisions of this section, unless:
(i) A parent waives his or her right to provisions of joint parenting; or
(ii) The child who is sufficiently mature to express substantial reasoned and independent preferences is opposed to joint parenting; or
(iii) The parent opposing joint parenting produces clear and convincing evidence that limitations or restrictions to equal parenting are required to protect the child from physical, mental, or emotional harm consistent with RCW 26.09.191.
(b) If the court finds that such limitations or restrictions are necessary, the court shall do so in a manner least restrictive to the best interest of the child and the rights of the child and the parents, as set forth in RCW 26.09.002. If the court finds it is necessary to limit or restrict joint parenting, it shall issue written findings of fact and conclusions of law specifying the reasons.
Sec. 5. RCW 26.09.191 and 1989 c 375 s 11 and 1989 c 326 s 1 are each reenacted and amended to read as follows:
(1) The court shall appropriately consider
equal distribution of the area of decision-making authority as set forth in RCW
26.09.184(4)(a), however, the permanent parenting plan shall not require
mutual decision-making or designation of a dispute resolution process other
than court action if it is found that a parent has engaged in any of the
following conduct: (a) Willful abandonment that continues for ((an extended))
a period of proven or verified time or substantial refusal to
perform parenting functions; (b) that there is proven probable cause that a
parent has or if a parent has been convicted of physical, sexual, or has
been proven to have conducted a pattern of emotional abuse of a child; or
(c) a proven history of acts of domestic violence as defined in RCW
26.50.010(1) against the child or an assault or sexual assault which
causes grievous bodily harm or the fear of such harm to the child.
(2)(a) The parent's residential time with the child shall be limited in a manner consistent with RCW 26.09.187(5) if it is found that the parent has probable cause to prove or has been proven to have engaged in any of the following conduct: (i) Willful abandonment that continues for an extended period of time or substantial refusal to perform parenting functions; (ii) physical, sexual, or a pattern of emotional abuse of a child; or (iii) a history of acts of domestic violence as defined in RCW 26.50.010(1) or an assault or sexual assault which causes grievous bodily harm or the fear of such harm to the child.
(b) The limitations imposed by the court shall be reasonably calculated to protect the child from physical, sexual, or emotional abuse or harm that could result if the child has contact with the parent requesting residential time. If the court expressly finds, by law, limitation on the residential time with the child will not adequately protect the child from the harm or abuse that could result if the child has contact with the parent requesting residential time, the court shall restrain the parent requesting residential time from all contact with the child.
(c) If the court expressly finds, by law, that contact between the parent and the child will not cause physical, sexual, or emotional abuse or harm to the child and that the probability that the parent's harmful or abusive conduct will recur is so remote that it would not be in the child's best interests to apply the limitations of (a) and (b) of this subsection, or if the court expressly finds the parent's conduct did not have an impact on the child, then the court need not apply the limitations of (a) and (b) of this subsection. The weight given to the existence of a protection order issued under chapter 26.50 RCW as to domestic violence is limited by law and within the discretion of the court.
(3) A parent's involvement or conduct may have an adverse effect on the child's best interests and bring harm to the child, and the court may preclude or limit any provisions of the parenting plan in a manner consistent with RCW 26.09.187(5), if any of the following factors exist:
(a) A parent's neglect or substantial nonperformance of parenting functions;
(b) A long-term emotional or physical
impairment which ((interferes with the parent's performance of)) makes
the parent unable to perform parenting functions as defined in RCW
26.09.004;
(c) A proven long-term impairment resulting from drug, alcohol, or other substance abuse that interferes with the performance of parenting functions;
(d) The absence or substantial impairment of emotional ties between the parent and the child;
(e) The abusive use of conflict by the parent which creates the danger of serious damage to the child's psychological development;
(f) A parent has withheld from the other parent
access to the child for a protracted period without good cause; ((or))
(g) A parent without just cause attempts to interfere with the natural affection, bonding, or respect of a child toward the other parent;
(h) A parent without just cause attempts to debase or nullify the natural parenting role of the other parent; or
(i) Such other factors or conduct as the court expressly finds adverse to the best interests of the child.
(4) In entering a permanent parenting plan, the court shall not draw any presumptions from the provisions of the temporary parenting plan.
(5) In determining whether any of the conduct
described in this section has occurred, the court shall apply the ((civil))
criminal rules of evidence, proof, and procedure.
Sec. 6. RCW 26.09.194 and 1987 c 460 s 13 are each amended to read as follows:
(1) A parent seeking a temporary order relating to parenting shall file and serve a proposed temporary parenting plan by motion. The other parent, if contesting the proposed temporary parenting plan, shall file and serve a responsive proposed parenting plan. Either parent may move to have a proposed temporary parenting plan entered as part of a temporary order. The parents may enter an agreed temporary parenting plan at any time as part of a temporary order. The proposed temporary parenting plan may be supported by relevant evidence and shall be accompanied by an affidavit or declaration which shall state at a minimum the following:
(a) The name((, address, and length of
residence with the person or persons with whom the child has lived for the
preceding twelve months)) and address of the affiant;
(b) ((The performance by each parent during
the last twelve months of the parenting functions relating to the daily needs
of the child)) The amount of residential time the affiant is willing to
grant the other parent;
(c) The degree to which the affiant is willing to cooperate with the other parent in mutual decision making, or which area of decision-making authority listed in RCW 26.09.184(4)(a) the affiant is willing to grant the other parent;
(d) The parents' work and child-care schedules for the preceding twelve months;
(((d))) (e) The parents' ((current))
proposed work and child-care schedules; and
(((e))) (f) Any of the circumstances
set forth in RCW 26.09.191 that are likely to pose a serious risk to the child
and that warrant limitation on the award to a parent of temporary residence or
time with the child pending entry of a permanent parenting plan, and the
affiant's proposed restrictions or limitations protecting the child from harm
yet limiting the child's and parent's rights in the least restrictive manner.
(2) At the hearing, the court shall enter a temporary parenting order consistent with RCW 26.09.187(5) incorporating a temporary parenting plan which includes:
(a) A schedule for the child's time with each parent when appropriate;
(b) ((Designation of a temporary residence
for the child;
(c)))
Allocation of decision-making authority((, if any. Absent allocation of
decision-making authority)) consistent with RCW 26.09.187(((2), neither
party shall make any decision for the child other than those relating to
day-to-day or emergency care of the child, which shall be made by the party who
is present with the child)) (1) and (3);
(((d))) (c) Provisions for
temporary support for the child; and
(((e))) (d) Restraining orders,
if applicable, under RCW 26.09.060.
(3) A parent may make a motion for an order to show cause and the court may enter a temporary order, including a temporary parenting plan, upon a showing of necessity.
(4) A parent may move for amendment of a temporary parenting plan, and the court may order amendment to the temporary parenting plan, if the amendment conforms to the limitations of RCW 26.09.191 and is in the best interest of the child, and is consistent with RCW 26.09.187(5).
(5) If a proceeding for dissolution of marriage, legal separation, paternity action, or declaration of invalidity is dismissed, any temporary order or temporary parenting plan is vacated.
Sec. 7. RCW 26.09.197 and 1987 c 460 s 14 are each amended to read as follows:
After considering the affidavit required by RCW 26.09.194(1) and other relevant evidence presented, the court shall make a temporary parenting plan that is in the best interest of the child and considers the rights of the child and the rights of the parents consistent with RCW 26.09.187(5). In making this determination, the court shall give particular consideration to:
(1) Which parent ((has taken greater
responsibility during the last twelve months for performing parenting functions
relating to the daily needs of the child)) is more likely to allow the
child frequent and continuing contact between the child and the other parent
and encourage the child's natural affection and respect toward the other
parent, or act with appropriate discretion in allowing contact with and natural
affection and respect between the child and other parent while protecting the
child from harm; and
(2) Which parenting arrangements will cause the least disruption to the child's emotional stability as described in RCW 26.09.002 while the action is pending.
The court shall also consider the factors used to determine residential provisions in the permanent parenting plan.
Sec. 8. RCW 26.09.255 and 1987 c 460 s 22 are each amended to read as follows:
A relative, as defined in RCW 9A.40.010, may
bring civil action against any other relative if, with intent to deny access to
a child by that relative of the child who has a right to physical custody of or
visitation with the child or a parent ((with whom the child resides pursuant
to a parenting plan order)) who has a right to time with the child under
the child's residential schedule, the relative takes, entices, or conceals
the child from that relative. The plaintiff may be awarded, in addition to any
damages awarded by the court, the reasonable expenses incurred by the plaintiff
in locating the child, including, but not limited to, investigative services
and reasonable attorneys' fees.
Sec. 9. RCW 26.09.260 and 1991 c 367 s 9 are each amended to read as follows:
(1) Except as otherwise provided in subsection
(4) of this section, the court shall not modify a prior custody decree or a
parenting plan unless it finds, upon the basis of facts that have arisen since
the prior decree or plan or that were unknown to the court at the time of the
prior decree or plan, that a substantial change has occurred in the
circumstances of the child or the nonmoving party ((and)) or that
the modification is in the best interest of the child and is necessary to serve
the best interests of the child.
(2) In applying these standards, the court shall retain the residential schedule established by the decree or parenting plan unless:
(a) The parents agree to the modification;
(b) The existing decree or parenting plan does not provide equal parenting as defined in RCW 26.09.004(1);
(c) The child has been integrated into the family of the petitioner with the consent of the other parent in substantial deviation from the parenting plan;
(((c))) (d) The child's present
environment is detrimental to the child's physical, mental, or emotional health
and the harm likely, as defined in RCW 26.09.191, to be caused by a
change of environment is outweighed by the advantage of a change to the child;
or
(((d))) (e) The court has found
the nonmoving parent in contempt of court at least twice within three years
because the parent failed to comply with the residential time provisions in the
court-ordered parenting plan, or the parent has been convicted of custodial
interference in the first or second degree under RCW 9A.40.060 or 9A.40.070.
(3) A conviction of custodial interference in the first or second degree under RCW 9A.40.060 or 9A.40.070 shall constitute a substantial change of circumstances for the purposes of this section.
(4) ((The court may order adjustments to a
parenting plan upon a showing of a substantial change in circumstances of
either parent or of the child, and without consideration of the factors set
forth in subsection (2) of this section, if the proposed modification is only
a:
(a) Modification in the dispute resolution
process; or
(b) Minor modification in the residential
schedule that:
(i) Does not change the residence the child is
scheduled to reside in the majority of the time; and
(ii) Does not exceed twenty-four full days in a
calendar year or five full days in a calendar month; or
(iii) Is based on a change of residence or an
involuntary change in work schedule by a parent which makes the residential
schedule in the parenting plan impractical to follow.
(5))) Motion
for modification of a decree or parenting plan regarding residential provisions
or decision-making authority shall be accompanied by an affidavit or
declaration with the same minimum requirements as directed in RCW 26.09.194(1)
(a) through (f). If the nonmoving party wishes to contest the motion a
responding affidavit with the same minimum requirements is also required prior
to a hearing or trial.
(5) In determining a modification required by the relocation or proposed relocation of one parent the court shall give preference to the wishes of the parent not relocating, the wishes of a child who is sufficiently mature to express reasoned and independent preference as to his or her residential schedule, and the best interest of the child, over the wishes of the relocating parent.
(6) Modifications granted under this section shall be consistent with RCW 26.09.187(5).
(7) If the court finds that a motion to modify a prior decree or parenting plan has been brought in bad faith, the court shall assess the attorney's fees and court costs of the nonmoving parent against the moving party.
Sec. 10. RCW 26.09.285 and 1989 c 375 s 16 are each amended to read as follows:
Solely for the purposes of all other state and
federal statutes which require a designation or determination of ((custody))
a sole custodian, a parenting plan shall designate ((the parent with
whom the child is scheduled to reside a majority of the time)) one
parent as the custodian of the child for the sole and stated purpose of
accommodating the specific state or federal statute. However, this
designation shall not affect either parent's rights and responsibilities under
the parenting plan. ((In the absence of such a designation, the parent with
whom the child is scheduled to reside the majority of the time shall be deemed
to be the custodian of the child)) The court shall consider which parent
is more likely to allow the child frequent and continued contact with, and
encourage affection and respect for, the other parent or act with appropriate
discretion in allowing contact with, and natural affection and respect between,
the child and the other parent while protecting the child from harm and which
parent is least likely to abuse said authority for the purposes of such
federal and state statutes.
NEW SECTION. Sec. 11. A new section is added to chapter 26.09 RCW to read as follows:
Both natural parents shall obtain legal custody of their minor child unless clear, convincing, and cogent evidence that proves that severing of a parent's right to legal custody is necessary to protect the child from harm is presented to the court.
NEW SECTION. Sec. 12. A new section is added to chapter 26.09 RCW to read as follows:
A parent's right of mobility does not automatically include the right to interfere with the best interest of the child, the child's right to have contact with the other parent, or the rights of the other parent, consistent with this chapter. Unless otherwise provided in the decree or parenting plan neither parent may remove the child for the purposes of changing residence or relocating for a protracted period of time to a geographic distance that would substantially affect provisions of the decree or parenting plan, without first obtaining notarized consent from the other parent or a court ordered modification consistent with RCW 26.09.260(5).
NEW SECTION. Sec. 13. A new section is added to chapter 26.09 RCW to read as follows:
It shall be determined in the parenting plan which parent may claim the tax exemption for each child. The court shall order alternating the tax exemption of the child on an annual basis or, if more than one child, shall order equal exemptions. This provision may be modified by mutual written agreement of each of the parents and, if modified, governed by the principles of just compensation.
Sec. 14. RCW 26.26.130 and 1989 c 375 s 23 and 1989 c 360 s 18 are each reenacted and 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,
and parenting plan 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, if appropriate, residential time,
decision-making authority, parenting rights, the furnishing of bond or
other security for the payment of the judgment, or any other matter in the best
interest of the child consistent with chapter 26.09 RCW. The judgment
and order may direct the father and the mother to pay the reasonable
expenses of their child's delivery, costs of the mother's pregnancy and
confinement based on the parties proportional share of income.
(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. 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) ((After considering all relevant
factors, the court shall order either or both parents to pay an amount
determined pursuant to the schedule and standards adopted under *RCW 26.19.040.
(6) On the same basis as provided in chapter
26.09 RCW, the court shall make residential provisions with regard to minor
children of the parties, except that a parenting plan shall not be required
unless requested by a party.
(7))) Upon
the court's determining the existence of the father and child relationship it
shall be assumed that the rights and the needs of the child are the same as
those of a dissolved marriage and that the parenting rights and
responsibilities of the father are equal to those of the mother in determining
a judgment, order, and parenting plan. A parenting plan shall be determined
under chapter 26.09 RCW. However, if it is found that there exists an absence
or substantial impairment of emotional ties between a parent and the child,
consideration may be given to allowing an appropriate period for integration of
the child into the family, in consideration of the child's emotional welfare
and the best interests.
(6) 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)) the action under chapter 26.10 RCW.
Sec. 15. RCW 26.26.160 and 1992 c 229 s 8 are each amended to read as follows:
(1) Except as provided in subsection (2) of
this section the court has continuing jurisdiction to prospectively modify a
judgment and order for future education and future support, and with respect to
matters listed in RCW 26.26.130 (3) and (4), and RCW 26.26.150(2) ((upon
showing a substantial change of circumstances)) on the same basis as
provided in RCW 26.09.260. The procedures set forth in RCW 26.09.175 shall
be used in modification proceedings under this section.
(2) A judgment or order entered under this chapter may be modified without a showing of substantial change of circumstances upon the same grounds as RCW 26.09.170 permits support orders to be modified without a showing of a substantial change of circumstance.
(((3) The court may modify a parenting plan
or residential provisions adopted pursuant to RCW 26.26.130(6) in accordance
with the provisions of chapter 26.09 RCW.))
NEW SECTION. Sec. 16. 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. 17. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.
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