Washington State Law
What Washington State Judges Look For in Custody Cases - The 16 Factors Explained
April 1, 2025
15 min read
Family Court Navigator
Washington State judges don't decide custody based on gut feeling. They apply 16 specific factors defined by RCW 26.09.187. Knowing these factors - and making sure your documents speak to them - is the single most important thing you can do before your hearing or trial.
Why these 16 factors matter so much
When a Washington State judge decides a custody case, they are legally required to consider the "best interests of the child." But "best interests" isn't vague - the legislature defined it. RCW 26.09.187 lists 16 specific factors the judge must weigh. Some factors carry more weight than others. Some can disqualify a parent from certain arrangements entirely.
If your declaration, parenting plan, and trial brief address these factors directly and specifically, you give the judge the evidence they need to rule in your favor. If your documents don't address them, the judge has nothing to work with - and may rule based on the other parent's version of events alone.
One factor overrides everything: If there is a history of domestic violence in the family, that factor takes priority over all others under Washington law. A parent who has committed domestic violence may be denied residential time or restricted to supervised visits regardless of how well they score on other factors.
All 16 factors - explained in plain language
1
The relative strength, nature, and stability of the child's relationship with each parent
Who has been the primary caregiver? Who has been most present and involved day-to-day? This is often the most heavily weighted factor. Judges look at the history - not just recent changes - of each parent's involvement with the child.
Document specific examples of your involvement - school pickups, doctor appointments, sports practices, bedtime routines. Dates and details matter more than general statements.
2
Agreements between the parents
If both parents have agreed to a parenting arrangement - formally or informally - the court will consider that agreement. An existing informal schedule that has worked well for the children carries weight.
If you've been following an informal arrangement, document it. Text messages, calendar records, and school pickup logs can show what the de facto parenting schedule has been.
3
Each parent's past and potential for future performance of parenting functions
Who has been handling the day-to-day parenting tasks - feeding, bathing, homework help, medical care, school communication, activities? Who is more likely to continue doing these things well going forward?
List specific parenting functions you perform. Be concrete: "I prepare breakfast every school day," not "I am a very involved parent."
4
How the parenting plan will affect the child's emotional, developmental, and physical needs
Will the proposed schedule meet the child's actual needs - academic, social, emotional, developmental? A plan that works for a toddler may not work for a teenager. The court looks at whether the proposed arrangement fits the actual child.
Address your child's specific needs by age and stage. If your child has special needs, learning differences, or mental health considerations, address these explicitly.
5
The child's relationship with siblings and other significant family members
Courts value sibling relationships and connections with extended family. A plan that separates siblings without good reason, or that cuts a child off from significant family bonds, may be viewed negatively.
If keeping siblings together or maintaining relationships with grandparents or other family supports your position, address this directly.
6
The child's involvement in school, activities, and community
Stability and continuity matter. A parenting plan that would require the child to change schools, leave a team or activity, or lose their community connections may be viewed unfavorably.
If you are the parent who has maintained the child's school enrollment, extracurricular activities, and community ties, document this clearly.
7
The wishes of the parents
What each parent is actually asking for. The court will consider whether the requested arrangements are reasonable and child-focused, or whether they appear to be about winning rather than the child's welfare.
Frame everything you ask for in terms of your child's needs - not in terms of what you deserve or what the other parent doesn't deserve.
Older children's preferences carry more weight. Washington courts don't have a fixed age at which a child can "choose" their parent, but a teenager's strong preference is a significant factor. Younger children's expressed preferences are considered but weighted less heavily.
If your older child has expressed preferences and you can document them (carefully, without putting the child in the middle), this may be relevant. Never coach a child on what to say to the court.
9
Each parent's employment schedule and demands
Work schedules affect who can actually be present with the child. A parent who works 70 hours a week may not be able to provide the parenting time they're requesting. Courts look at practical feasibility.
If your schedule is more compatible with the children's needs than the other parent's, present this factually. Avoid attacking the other parent's work - focus on your own availability.
10
Each parent's willingness to support the child's relationship with the other parent
Washington courts strongly favor parents who support the child's relationship with the other parent. A parent who badmouths the other parent, interferes with contact, or tries to alienate the child is viewed very negatively. This is called parental alienation and courts take it seriously.
Demonstrate - with examples - that you actively support your child's relationship with the other parent. Even if you have serious concerns, frame them around safety, not your own feelings about the other parent.
11
Each parent's history of participation in decision-making
Who has actually been making decisions about education, healthcare, and activities? The parent who shows up to school conferences, communicates with doctors, and manages the child's daily life is more likely to be granted decision-making authority.
Gather documentation of your participation: school conference attendance records, medical appointment records, communications with teachers or coaches.
12
Each parent's ability to cooperate with the other
Joint decision-making only works if the parents can actually communicate and cooperate. If the parents have a high-conflict relationship, the court may lean toward sole decision-making with one parent to reduce conflict around the children.
If you're requesting joint decision-making, show that you can communicate civilly. If you're requesting sole decision-making, document specific examples of the other parent's refusal to cooperate - without venting or attacking.
13
Each parent's geographic proximity to the other
Distance matters practically. If the parents live far apart, a 50/50 schedule may not be workable - especially for school-age children. Courts look at what's actually logistically possible given where each parent lives.
If geographic proximity supports your proposed schedule, address it. If distance is a factor that favors you as primary residential parent, explain clearly why the child's schooling and stability would be better served by your address.
14
Each parent's history of compliance with court orders
Have either parent previously violated court orders? A parent who has ignored temporary orders, refused to allow parenting time, or repeatedly violated prior agreements will be viewed negatively by the court.
If you have consistently complied with all court orders, say so directly. If the other parent has violated orders, document specific instances with dates.
15
Each parent's history of domestic violence or abuse
This is the most heavily weighted negative factor. Any history of domestic violence - even if not criminally charged - can result in restricted parenting time, supervised visits, or in serious cases, no contact. Courts take this extremely seriously. If domestic violence is present in your case, the process is different from a standard custody dispute.
If there is a history of DV and you are the victim, document it carefully and thoroughly. If there are false allegations against you, address them directly with evidence that contradicts the claims.
16
Each parent's history of drug, alcohol, or substance abuse
Substance abuse issues - whether current or historical - are a factor the court will consider. Active substance abuse that affects a parent's ability to care for a child can result in restricted or supervised parenting time.
If you have a history of substance abuse but have addressed it (treatment, sobriety), provide documentation of your recovery. Courts respond positively to accountability and demonstrated change.
How to use these factors strategically
Every document you file in your custody case - your declaration, your proposed parenting plan, your trial brief - should tell the story of your case through the lens of these 16 factors. Not by listing them one by one, but by weaving the evidence into a coherent narrative that a judge can follow.
The parents who do best in Washington family court are those who can demonstrate, with specific evidence, that they have been present and involved, that they support the other parent's relationship with the children, and that their proposed parenting arrangement genuinely serves the children's best interests - not just their own desire to "win."
Judges see hundreds of custody cases. They are very good at recognizing when a parent is arguing for the children versus arguing against the other parent. The distinction shows up in every document you file.
Want your documents to address every relevant factor?
That's exactly what we do. We prepare trial briefs, declarations, and parenting plans that speak directly to the factors the judge is looking for - based on the facts of your specific case.
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Disclaimer: Family Court Navigator is a document preparation service, not a law firm. Nothing in this article constitutes legal advice. The information here is general and educational. Individual case circumstances vary significantly. Always consult a licensed Washington State family law attorney for advice specific to your situation.