Custody laws for unmarried parents in Washington typically allow single mothers to obtain full custody, including legal and physical custody, over their children. If they were not married when their child was born, they are also considered the custodial parent and will have all of the legal rights custodial parents are given.
This will apply specifically to situations in which the child’s father is not listed on their birth certificate and did not try to claim any rights over their child when it was born. If the child’s father did not try to establish paternity, the child’s mother will be the only parent with a claim to the child.
Custody issues typically arise when the child’s biological father requests rights over the child from a court. This can be done by a father whether or not he was ever married to the child’s mother.
When courts hear cases involving children, they will make decisions following the child’s best interests standard. If a mother of a child thinks the father is not fit for care for their child or that giving the father rights over the child would not be in its best interests, the mother can request sole physical and legal custody rights.
If a parent would like more information on single mother custody rights in Washington, they should have a legal consultation with a local Washington lawyer.
Are There Different Types of Child Custody?
There are multiple types of custody arrangements that a court may order or that a child’s parents can agree to. A court will try to order an arrangement that is in the best interests of the child.
Types of custody parents may have include:
- Sole custody
- Joint custody
- Legal custody
- Physical custody
Sole custody
When sole custody is awarded, one of the parents will have most of the rights over the child. However, the other parent is usually given visitation rights.
This arrangement is typically used in cases of single parents and not when two parents are involved. However, if the court believes it is necessary to award one parent sole custody, the other will usually receive generous visitation rights.
Joint custody
When parents have joint custody, they share the responsibilities of raising their child. This can include joint legal custody, joint physical custody, or both.
Legal custody
Legal custody provides one parent with the ability to make decisions regarding the upbringing of their child, such as their:
- Health care
- Religion
- School
As previously noted, parents may have joint legal custody. This allows both parents to have the same decision making power and access to things such as medical records.
Physical custody
Physical custody means that the child resides with the parent. This is the parent who provides for their daily needs, including their food, clothing, and daily transportation.
In some places, parents are able to share physical custody equally. This means that the child will live with each of its parents for an equal amount of time.
Who Determines Child Custody?
Typically, the court handling the child custody case determines child custody unless the parents reach their own custody agreement. Courts encourage parents to come to their own agreements, when possible, as it can be catered to their unique situation.
If a child’s parents can reach a custody agreement, an attorney can put the terms into a written document that outlines each parent’s rights and responsibilities. These types of agreements and orders are usually issued during or after a legal separation or divorce case.
The custody agreement may have information about which parent will have primary legal custody and physical custody. It may also provide a visitation schedule for the other parent.
A child’s parents are permitted to reach an agreement without help from the court. Their agreement, however, does have to be approved by the court to be legally binding.
When a child’s parents can come to their own custody agreement, it may relieve some of the stress associated with custody issues. The court will likely approve an agreement that the parents reached on their own because they will be more likely to voluntarily follow its terms.
When a child’s parents do not desire a courtroom custody battle, they can participate in family mediation. Family mediation is a form of alternative dispute resolution (ADR) where a mediator, a neutral third party, helps them reach their own agreement.
Can a Father Take a Child Away From the Mother?
A biological father usually cannot take their child away from the mother, as it may be considered a parental kidnapping. As previously discussed, courts making child custody decisions in Washington will follow the child’s best interest standard.
In cases where the mother is deemed unfit, the child’s father may still not be immediately given sole custody and the right to take the child away. There may be formal legal proceedings that must occur first, including a hearing and a court order.
Children are usually only removed immediately from custody of their mother if they are in danger. A court can take away a child’s biological custody when the mother:
- Has passed away
- No longer desires parental rights
- Is deemed to be a danger to the child
These issues may also apply to a child’s father. A court that is handling a child custody case will consider the following:
- The age of the child
- The emotional, physical, and mental needs of the child
- The emotional states of the parents
- The lifestyles of the parents
- The financial states and employment status of both parents
Can I Move With My Child Without the Father’s Permission?
When a child’s parent is thinking about moving, whether they want to go across town or a different state, they should first make sure to ask the court for a modification of their custody agreement if there is one in place. The parent may need to show why moving would be in their child’s best interests.
A common example of when this happens is when a parent gets a better job, which would let them better provide financially for the child. Generally, parents cannot move outside of the state without getting permission from the court first.
Issues that involve interstate child custody can often be complicated because of the severe legal consequences a parent may face if they do not follow the applicable laws.
If a child’s parent moves without getting permission from the court, they can lose custody rights and face jail time. If, however, the mother of the child was never married to the child’s father and there was not a court order about the child’s custody, the child’s mother will be able to move anytime and anywhere she wishes.
Do I Need a Lawyer for Help With Child Custody Matters if I Am a Single Mother?
If you have any concerns or questions about child custody issues and you are a single mother, a Washington child custody attorney can give you advice and help solve your issue. Your custody lawyer can help you gain an understanding of the laws that will apply to your custody issue in Washington, give you peace of mind because your parental rights are protected, and help you get the best outcome in your case.
You can use LegalMatch as a no-cost way to find lawyers in your area who can help resolve your child support concerns. Simply submit your concern on the LegalMatch website, and in around 24 hours, you will get messages from licensed and pre-screened lawyers near you who are ready to help.
