Washington State Child Custody & Parenting Plan Agreement

(Comprehensive Template for Legal Counsel Customization)

[// GUIDANCE: This template is drafted to align with current Washington State family-law requirements, while remaining flexible for attorney customization. Replace all bracketed placeholders before execution. Review local court rules for county-specific parenting-plan formatting requirements.]

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions
    A. Parental Responsibility (Legal Custody)
    B. Residential Schedule (Physical Custody)
    C. Holiday & Special-Day Schedule
    D. Transportation & Exchange Logistics
    E. Decision-Making Protocols
    F. Communication & Technology Access
    G. Child Support & Financial Matters
    H. Relocation & Travel
    I. Health Care, Education & Religion
    J. Right of First Refusal
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block

I. DOCUMENT HEADER

Agreement Title: Washington State Child Custody & Parenting Plan Agreement (“Agreement”)

Parties:
1. [PARENT A FULL LEGAL NAME], an individual residing at [Address] (“Parent A”); and
2. [PARENT B FULL LEGAL NAME], an individual residing at [Address] (“Parent B”).

Child(ren): Collectively, the minor child(ren) of the Parties listed below (“Child” or “Children”):
• [CHILD 1 FULL LEGAL NAME], born [DOB];
• [CHILD 2 FULL LEGAL NAME], born [DOB];
[Add lines as needed]

Effective Date: [DATE] (“Effective Date”).

Governing Law & Jurisdiction: This Agreement is governed by the domestic-relations laws of the State of Washington. Exclusive venue for judicial enforcement, modification, or interpretation shall lie with the Superior Court of [COUNTY] County, Washington (“Family Court”).

Recitals
A. The Parties are the natural parents of the Children and recognize their joint and individual duties to promote the Children’s best interests.
B. The Parties desire to establish a comprehensive parenting plan and custodial framework consistent with Washington’s “best interests of the child” standard, applicable relocation statutes, and visitation guidelines.
C. Consideration for this Agreement consists of the mutual promises herein and the Parties’ shared objective of providing stability and continuity for the Children.

II. DEFINITIONS

For purposes of this Agreement, capitalized terms have the meanings set forth below. Undefined capitalized terms shall be construed according to ordinary legal usage.

1. “Agreement” has the meaning stated in the Document Header.
2. “Best Interests Factors” means the statutory considerations applied by Washington courts when determining parenting arrangements, including but not limited to the emotional ties between parent and child, parental past and potential performance of parenting functions, each parent’s employment schedule, the Children’s relationships, and any history of domestic violence.
3. “Court-Approved Modification” means any subsequent order or judgment of the Family Court altering the terms of this Agreement.
4. “Holiday Schedule” means the alternate residential schedule for federally recognized holidays, school breaks, and special days set forth in Section III.C.
5. “Legal Custody” (Parental Responsibility) means the authority to make major decisions affecting the Children’s welfare, as detailed in Section III.E.
6. “Mediation” means a confidential, non-binding dispute-resolution process facilitated by a neutral mediator certified under Washington court rules.
7. “Primary Residence” means the address designated in Section III.B as the Children’s principal home for school enrollment and legal purposes.
8. “Relocation” means a change in the principal residence of a Child or of a Parent under circumstances triggering statutory notice obligations (see Section III.H).
9. “Residential Schedule” means the day-to-day custodial timetable in Section III.B.
10. “Right of First Refusal” has the meaning given in Section III.J.

III. OPERATIVE PROVISIONS

A. Parental Responsibility (Legal Custody)

1. Joint Decision-Making: The Parties shall share joint legal custody. Major decisions regarding education, non-emergency health care, religious upbringing, and extracurricular activities require mutual consent.
2. Tie-Breaker Mechanism: If consensus is not reached after good-faith discussion and Mediation, either Parent may petition the Family Court for a determination consistent with the Children’s best interests.

[// GUIDANCE: For clients with high conflict levels, counsel may insert a “spheres of influence” model assigning each decision category to one Parent.]

B. Residential Schedule (Physical Custody)

1. Week-On/Week-Off Template (Example)
   a. The Children shall reside with Parent A beginning Monday at 9:00 a.m. through the following Monday at 9:00 a.m. during “Parent A Weeks.”
   b. During “Parent B Weeks,” the reverse schedule applies.
2. Exchanges occur at [NEUTRAL LOCATION] unless otherwise agreed in writing at least 24 hours in advance.
3. Primary Residence is deemed to be the home of [DESIGNATED PARENT] solely for school-district residency purposes and not as a presumption of superior parenting authority.

[// GUIDANCE: Substitute the above with a 2-2-3 or other schedule as appropriate. Confirm compliance with WA pattern-form parenting plans, if filing.]

C. Holiday & Special-Day Schedule

1. Holidays supersede the Residential Schedule; Holidays alternate annually as follows:
   a. Thanksgiving: Parent A in even-numbered years; Parent B in odd-numbered years (Wednesday 6:00 p.m. – Sunday 6:00 p.m.).
   b. Winter Break: Week 1 with Parent B; Week 2 with Parent A.
   c. Children’s Birthdays: With the Parent not hosting under the Residential Schedule from 4:00 p.m. – 7:00 p.m., unless such time involves unreasonable travel.
2. Mother’s Day/Father’s Day: The Children shall be with the honored Parent from 9:00 a.m. to 7:00 p.m., regardless of the calendar schedule.

D. Transportation & Exchange Logistics

1. Pick-Up/Drop-Off: The receiving Parent is responsible for transportation unless otherwise agreed.
2. Delays: A delay exceeding 15 minutes requires immediate notice via text or call; failure to notify constitutes a violation subject to Section VI.
3. Safety: All vehicles must be insured and equipped with child-appropriate safety restraints.

E. Decision-Making Protocols

1. Emergencies: The Parent with the Children has discretion to obtain necessary emergency medical care. The other Parent shall be notified as soon as reasonably practicable.
2. Routine Matters: Day-to-day decisions (meals, bedtime, discipline) rest with the on-duty Parent, provided such decisions are reasonable and consistent with the Children’s best interests.
3. Educational Decisions: Changes in school enrollment require the approval of both Parents or Court order.

F. Communication & Technology Access

1. Each Parent shall facilitate reasonable electronic contact (video, phone, or text) between the Children and the other Parent not less than [X] times per week, unless impracticable due to the Children’s activities or sleep schedule.
2. Neither Parent shall monitor calls in a manner inconsistent with the Children’s privacy interests.

G. Child Support & Financial Matters

1. Statutory Support Order: Child support shall be governed by a separate Washington State Child Support Order under the Washington State Child Support Schedule.
2. Extraordinary Expenses: The Parents shall share agreed extracurricular, uninsured medical, and educational expenses in proportion to their respective net incomes ([PERCENTAGE] % / [PERCENTAGE] %).
3. Payment Logistics: Reimbursable expenses shall be paid within 30 days of submission of documentation.

H. Relocation & Travel

1. Statutory Notice: A Parent intending to relocate with a Child outside the Children’s current school district must deliver written notice at least 60 days prior to relocation, or as otherwise required by Washington law.
2. Objection Process: The non-moving Parent may file a formal objection within the statutory period; the Parties shall attempt Mediation prior to judicial determination.
3. Vacation Travel: International travel requires the non-traveling Parent’s written consent and provision of detailed itinerary, contact information, and copies of travel documents no later than 30 days before departure.

I. Health Care, Education & Religion

1. Health Care Providers: Each Parent may select routine medical providers during his or her residential time, subject to providing the other Parent with contact information and appointment summaries.
2. Access to Records: Both Parents have equal rights to medical, dental, mental-health, and educational records.
3. Religion: The Children may participate in religious activities with either Parent; enrollment in any formal religious-education program requires mutual agreement.

J. Right of First Refusal

If either Parent is unable to provide direct care for a continuous period exceeding [THRESHOLD, e.g., 8 hours], that Parent shall first offer the other Parent the opportunity to care for the Children before arranging alternative childcare, unless such arrangement would conflict with the Children’s best interests or the other Parent’s reasonable availability.

IV. REPRESENTATIONS & WARRANTIES

1. Parental Capacity: Each Parent represents that he or she is a fit and proper person to exercise parental responsibilities and has no pending criminal charges or restraining orders that would materially affect custody.
2. Disclosure: Each Parent warrants full disclosure of any condition or circumstance—medical, psychological, or legal—that could materially affect the Children’s welfare.
3. Authority: Each Parent represents that no other individual or governmental entity holds custodial rights inconsistent with this Agreement.
4. Survival: The representations and warranties herein shall survive execution and remain in effect for the duration of this Agreement.

V. COVENANTS & RESTRICTIONS

1. Non-Disparagement: Neither Parent shall speak negatively of the other in the presence or hearing of the Children.
2. Substance Use: Neither Parent shall consume alcohol to excess or use illicit substances during periods of custodial responsibility.
3. Firearm Safety: Firearms shall be stored unloaded in locked containers inaccessible to the Children.
4. Disclosure Obligation: Each Parent shall promptly inform the other of any significant illness, injury, or emergency involving the Children.
5. Notice of Changes: Address, telephone number, and employment changes must be communicated within 72 hours.

VI. DEFAULT & REMEDIES

1. Events of Default
   a. Willful violation of the Residential Schedule, Holiday Schedule, or decision-making provisions.
   b. Failure to provide statutory relocation notice.
   c. Material breach of any covenant affecting the Children’s safety.
2. Notice & Cure
   a. The non-breaching Parent shall provide written notice specifying the breach.
   b. The breaching Parent shall have 7 days to cure, absent imminent risk to the Children.
3. Remedies
   a. Make-up Parenting Time: Hour-for-hour makeup within 30 days.
   b. Contempt Proceedings: The non-breaching Parent may move for contempt and seek attorney fees.
   c. Modification: Repeated or material breaches may constitute grounds for Court-ordered modification.

VII. RISK ALLOCATION

1. Child Welfare Priority: Each Parent agrees to indemnify and hold harmless the other from any third-party claims, losses, or liabilities arising directly from that Parent’s breach of duty of care, reckless conduct, or intentional wrongdoing toward the Children.
2. Insurance: Each Parent shall maintain at least the minimum automobile and homeowner/renter liability insurance required by Washington law.
3. Force Majeure: Temporary inability to comply due to natural disaster, severe weather, or mandatory public-health orders shall not constitute a breach; the affected Parent shall notify the other promptly and work cooperatively to develop a contingency schedule.
4. Limitation of Liability: Not applicable; nothing herein limits a Parent’s liability for intentional misconduct or violation of statutory duties toward the Children.

VIII. DISPUTE RESOLUTION

1. Good-Faith Negotiation: The Parties shall first attempt to resolve disputes through direct discussion within 10 days of notice.
2. Mediation: If unresolved, the Parties shall engage in Mediation with a mutually agreed mediator. Costs shall be shared equally unless otherwise ordered.
3. Arbitration (Limited): Issues solely pertaining to non-parenting financial matters (e.g., allocation of extracurricular expenses) may, by mutual written agreement, be submitted to binding arbitration. Custody determinations shall remain exclusively with the Family Court.
4. Court Action: Either Parent may petition the Family Court for enforcement or modification. There is no jury right in such proceedings.
5. Injunctive Relief: Nothing herein limits a Parent’s right to seek immediate injunctive relief to protect the Children from imminent harm.

IX. GENERAL PROVISIONS

1. Amendment: Any modification must be in a written instrument signed by both Parents and approved by the Family Court to be enforceable.
2. Waiver: A waiver of any breach shall not constitute a waiver of subsequent breaches.
3. Assignment: Parental rights under this Agreement are personal and non-assignable.
4. Severability: If any provision is found unenforceable, the remainder shall be interpreted to effectuate the Parties’ intent consistent with Washington law.
5. Integration: This Agreement constitutes the entire parenting plan between the Parties, superseding all prior oral or written understandings.
6. Counterparts & Electronic Signatures: This Agreement may be executed in counterparts, each of which shall constitute an original. Signatures transmitted electronically shall be deemed originals for all purposes.
7. Notice: All formal notices shall be delivered via (i) certified mail, return receipt requested, and (ii) email to the addresses on file, unless updated per Section V.5.

X. EXECUTION BLOCK

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.

[// GUIDANCE: Attach additional signature blocks for counsel, if any, and space for judicial approval consistent with local court formatting.]

NOTARY ACKNOWLEDGMENT

State of Washington )
County of ____ ) ss.

On this _ day of __, 20__, before me, a Notary Public in and for said State, personally appeared ____ and ____, known to me (or proved on the basis of satisfactory evidence) to be the persons whose names are subscribed to the foregoing instrument, and acknowledged that they executed the same for the purposes therein contained.

IN WITNESS WHEREOF, I hereunto set my hand and official seal.

Notary Public
My commission expires: ____

[// GUIDANCE: File this Agreement with the Family Court using the court-approved “Parenting Plan” cover sheet if required. Verify compliance with any county-specific mandatory paragraphs or form numbers before submission.]