In the state of Washington, if a mother dies, the father does generally automatically get custody of the child. However, if there are any issues of misconduct regarding the father or concerns about their ability to care for their child, then other individuals may petition for custody over the child.
It is important to note that the father gaining automatic custodial rights is also contingent on the father establishing paternity. This means that the family court that is handling the case must formally acknowledge paternity.
In Washington, if the parents are married, paternity is automatically presumed. In other words, the husband is legally recognized as the father of any child that is born during the marriage or within 300 days after the marriage ends.
Once again, if paternity has been established and recognized, the father typically becomes the custodial parent unless there are reasons to believe he is unfit. When determining whether or not the father should gain custodial rights, the court will always prioritize the best interests of the child when making such custody decisions.
How Do Courts Make Custody Decisions?
Historically, child custody laws for unmarried parents were not favorable for fathers who sought custody of their children. However, both state and federal laws have now become more unbiased regarding granting a father sole legal or physical custody of their child. This is especially true in cases where the child’s biological mother has passed away.
As noted above, child custody decisions in Washington will always be based on the child’s best interest standard. The child’s best interest standard is a legal standard that prioritizes a child’s welfare over the wants and desires of the child’s parents.
This means that in Washington, what is considered to be best for the child will always be placed over the wants and needs of the parents involved. Specifically, the best interest of the child standard is outlined in Revised Code of Washington section 26.09.002.
That section states that in any proceeding between parents, the best interests of the child shall be the standard by which the court determines and allocates the parties’ parental responsibilities.
In analyzing the best interests of a child, Washington family courts consider a variety of factors, including:
- Emotional Ties: The child’s emotional attachment to each parent and other significant individuals
- Parental Capability: Each parent’s ability to provide for their child’s basic needs, such as food, clothing, and medical care
- Child’s Needs: The developmental and physical needs of the child, including their need for stability and consistency
- Parental Involvement: The involvement of each parent in the child’s life, including the parent’s participation in school, extracurricular activities, and daily routines
- Child’s Preferences: Depending on the child’s age and maturity, the child’s preferences may be taken into account
- Parental Conduct: Any history of domestic violence, substance abuse, or other behavior that could negatively impact the child’s well-being
- Residential Arrangements: The current and potential future living arrangements for the child, ensuring they have a safe and stable environment
- Parental Cooperation: The ability of each parent to support the child’s relationship with the other parent and to co-parent effectively
All of the above factors help ensure that the child’s well-being is the top priority in custody decisions. However, once again, a father who has established paternity will automatically gain child custody after death of a custodial parent.
What Types of Support Should Children Receive?
In Washington state, children should receive various types of support in order to ensure their well-being and development, including:
- Emotional Support: The child should have a nurturing environment where the child feels loved and secure
- Educational Support: The child should have access to quality education and opportunities for academic growth
- Healthcare Support: The child should have regular medical and dental care
- Nutritional Support: The child should have nutritious and balanced meals to promote physical health
- Social Support: The child should have opportunities for social interaction and building healthy relationships
- Financial Support: There should be adequate financial resources to meet the child’s basic needs
- Physical Support: There should be safe living conditions, including housing, clothing, and recreational or extracurricular activities
- Developmental Support: The child should receive encouragement and resources for their mental, emotional, and social development
All of the above supports are designed to provide a comprehensive foundation for a child’s development and growth.
Why Is It Important To Appoint a Testamentary Guardian of Your Children in Your Will?
There are many reasons why it is important to appoint a testamentary guardian in your will. For instance, if you have appointed a testamentary guardian for your children in your will, the court will try to ensure that your wishes are followed.
In other words, the court will appoint the person named in your will as guardian.
Other reasons why it’s important to appoint a testamentary guardian of your children in your will include:
- Ensuring Continuity: Appointing a guardian provides a clear plan for who will care for your children if you pass away, which avoids potential disputes among family members
- Protecting Your Children’s Interests: The appointed guardian will be someone you trust to make decisions in the best interests of your child, including their education, healthcare, and overall well-being
- Avoiding Court Intervention: Without a named guardian in your will, the court will decide who will take care of your children, which may not align with your wishes
- Providing Peace of Mind: Knowing that your children will be cared for by someone you know and trust can give you peace of mind
- Minimizing Emotional Stress: Appointing a guardian reduces the emotional stress on your children by providing them with a stable and familiar environment during a difficult time
When Should You Consider Choosing a Guardian?
As mentioned above, there are numerous reasons why you should name a guardian for your child in Washington. In fact, you should consider choosing a guardian for your child in Washington as soon as possible. The ideal time is when your child is born.
Choosing a guardian will ensure that if something unexpected happens to you, you have already thought through who would be the best person to care for your child. Additionally, it is also a good idea to periodically review and update your guardianship choice.
This is especially true if your circumstances or your previously named guardian’s situation has changed. Once again, a guardianship is a legal arrangement where a court appoints an individual to care for a minor or an incapacitated adult.
In Washington, when determining who to name as a guardian over a minor child, the court will follow a set of criteria outlined in RCW 11.130.185. A local attorney in Washington will be able to help guide you through Washington’s rules regarding choosing a guardian.
When Do I Need to Contact a Lawyer?
If you have a child, then it is recommended that you consult with an experienced Washington child custody lawyer immediately. Doing so will ensure your child’s continued care and support, such as ensuring that they are protected in unforeseen circumstances.
LegalMatch can assist you in setting up a legal consultation with an experienced custody attorney in your area. A lawyer who handles custody cases will be able to help you understand Washington’s specific custody laws when it comes to determining custody in the case of a death of a custodial parent.
They will also be able to help you plan for you and your child’s future. This means that an attorney will be able to help guide you through creating an estate plan that plans for the unexpected. Finally, a custody lawyer will also be able to help you execute any necessary documents and represent you in court, as needed.
Jose Rivera
Managing Editor
Editor
Last Updated: Nov 15, 2024
