Portland, OR family law attorney Megan Gilmore talks about the trends she sees in child custody cases. In Washington State, there is a strong focus on the parenting plan and residential time. When it comes to custody, the court considers which parent has the majority of the time, or up to 51%. In developing the parenting plan, the primary concern is what is in the best interest of the child. This includes examining the historical status quo during the marriage or relationship, such as which parent handled more responsibilities related to doctor’s visits, teacher conferences, and similar duties.

Post-separation, the court considers the length of the separation and the status quo established during that time. The court also takes into account any agreements reached by the parties, which indicate, at least temporarily, that they agreed or acquiesced to a parenting plan that has been in place post-separation and is in the best interest of the child. Ultimately, the overarching question remains: what is in the best interest of the child, and the court looks closely at the facts surrounding that issue.