SENATE BILL REPORT

SB 6037

BYSenators Nelson and Talmadge

Adopting the parenting act of 1987.

Senate Committee on Judiciary

Senate Hearing Date(s):March 5, 1987

Majority Report:  Do pass.

      Signed by Senators Talmadge, Chairman; Halsan, Vice Chairman; Bottiger, McCaslin, Moore, Nelson, Newhouse.

Senate Staff:Lidia Mori (786-7461)

                  March 9, 1987

AS REPORTED BY COMMITTEE ON JUDICIARY, MARCH 5, 1987

BACKGROUND:

One or both parents of a child may seek custody in a dissolution of marriage proceeding, legal separation or action to declare a marriage invalid.  Nonparents may seek custody when the child is not in the custody of a parent or when the parents are alleged not to be suitable custodians.

Washington law requires the court to determine the issue of custody in accordance with the best interests of the child.  When determining in whose custody the best interests of the child would be achieved, the court must consider five factors:  (1) the wishes of the child's parent or parents as to his custody and as to visitation privileges; (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) the child's adjustment to his home, school, and community; and (5) the mental and physical health of all individuals involved.

It is presumed that a parent who is not awarded custody of a child is entitled to reasonable visitation rights unless the court finds that it would endanger the child's physical, mental or emotional health.  Any person may petition the court for visitation rights at any time.  Either or both parents may be ordered by the court to pay a reasonable amount of support for any child dependent upon either or both of them. 

Once awarded, custody may be modified only when facts arise that were unknown to the court at the time of the prior decree.  The best interests of the child must be maintained and a change must have occurred in the circumstances of the child or his custodian in order for the court to modify a prior custody decree.  The court may modify the custody decree if: (1) the current custodian agrees to the change, (2) the child has become integrated into the family of the person seeking the change, (3) danger of harm to the child with the current custodian outweighs the harm of changing custodians.

SUMMARY:

Current provisions regarding child custody are repealed with respect to proceedings for dissolution of marriage, legal separation and declaration of invalidity.  Instead, the court must issue a parenting plan which contains provisions for resolution of future disputes between parents, allocation of decision making authority, residential provisions for the child and financial support of the child.  The court is instructed to limit or preclude the provisions of the parenting plan if it finds certain factors, including neglect of the child by a parent or a long term history of physical, emotional, drug or alcohol problems, which interfere with the performance of parenting functions.  Each party submits a proposed parenting plan to the court with a petition or response.

Wilful extended abandonment or refusal to perform parenting functions, physical, sexual or emotional abuse of the child or a history of acts of domestic violence may cause the court to preclude or limit mutual decision making and the utilization of any dispute resolution process other than court action.  The court may limit the time the child is to spend with the parent who has engaged in such conduct.

Temporary orders relating to parenting may be obtained by filing a proposed temporary parenting plan supported by relevant evidence and accompanied by an affidavit with specific information about the parent child relationship. If the other parent contests the proposed temporary parenting plan, then a responsive proposed parenting plan should be filed. The court will enter a temporary parenting order which incorporates a parenting plan and provides a schedule for the child's time with each parent, designation of a temporary residence for the child, allocation of decision making authority and provision for temporary support for the child.  Restraining orders may be included in the temporary parenting order.

Child support will be set in accordance with existing Washington law.  The duty to provide child support and the performance of parental functions are not related and no parent shall withhold access to the child or suspend child support because the other parent fails to comply with the decree or temporary order.  Punitive awards, civil and criminal contempt and attorneys fees are available sanctions for the failure to comply with a parenting plan or for negotiating a parenting plan in bad faith.

The existing law relating to custody actions commenced by third parties, such as a grandparent or another relative, remains the same; however, it is assembled under a new chapter of Title 26 RCW.

Fiscal Note:      requested

Senate Committee - Testified: Rep. Marlin Appelwick; Commissioner Stephen M. Gaddis, Washington State Bar Association, Family Law Section, Seattle-King County Bar Association; Kim Prochneau, Ad-hoc Parenting Committee, Evergreen Legal Services; Lonnie Johns-Brown, Washington State National Organization for Women, Washington State Shelter Network