What is the process for filing for sole custody?
In Washington, filing for sole custody is the process in which a parent can petition a court to be the primary custodian of a child. Sole custody will give a parent decision-making authority over their child’s major life decisions without the need for approval or consultation with the other parent. In order to file for sole custody, both parents must be notified of the action and must be served with a summons to appear in court. This can be done in person or through certified mail, depending on the agreement of both parties. After receiving the summons, the parents will have to attend a hearing held by a judge to determine a custody arrangement. In court, the judge will examine both parents’ circumstances to see if they are fit to have primary custody of the child. The running criteria for custody will likely be based on the best interests of the child, as determined by the court. In order to win sole custody, the judge must find that one parents’ home environment is both more stable and more capable of providing for the child’s growth and development than the other. If granted, the parent with sole custody will receive a court order detailing the new custody arrangement. At this point, the other parent may still have some rights to visitation, depending on the court’s ruling. It is important to remember that legal custody of a child can always be revisited in court if the parents feel it is not in the best interests of the child.
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