26 chapters · 696 sections in this title.
RCW 26.09.002 Policy.
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Parents have the responsibility to make decisions and perform other parental functions necessary for the care and growth of their minor children. In any proceeding between parents under this chapter, the best interests of the child shall be the standard by which the court determi…
RCW 26.09.003 Policy—Intent—Findings.
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The legislature reaffirms the intent of the current law as expressed in RCW 26.09.002. However, after review, the legislature finds that there are certain components of the existing law which do not support the original legislative intent. In order to better implement the existin…
RCW 26.09.004 Definitions.
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The definitions in this section apply throughout this chapter.(1) "Military duties potentially impacting parenting functions" means those obligations imposed, voluntarily or involuntarily, on a parent serving in the armed forces that may interfere with that parent's abilities to …
RCW 26.09.006 Mandatory use of approved forms.
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(1) Effective January 1, 1992, a party shall not file any pleading with the clerk of the court in an action commenced under this chapter unless on forms approved by the administrator for the courts.(2) The parties shall comply with requirements for submission to the court of form…
RCW 26.09.010 Civil practice to govern—Designation of proceedings—Decrees.
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(1) Except as otherwise specifically provided herein, the practice in civil action shall govern all proceedings under this chapter, except that trial by jury is dispensed with.(2) A proceeding for dissolution of marriage or domestic partnership, legal separation or a declaration …
RCW 26.09.013 Interpretive services—Literacy assistance—Guardian ad litem charges—Telephone or interactive videoconference participation—Residential time in cases involving domestic violence or child abuse—Disclosure of information—Supervised visitation and safe exchange centers.
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In order to provide judicial officers with better information and to facilitate decision making which allows for the protection of children from physical, mental, or emotional harm and in order to facilitate consistent healthy contact between both parents and their children:(1) P…
RCW 26.09.015 Mediation proceedings.
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(1) In any proceeding under this chapter, the matter may be set for mediation of the contested issues before, or concurrent with, the setting of the matter for hearing. The purpose of the mediation proceeding shall be to reduce acrimony which may exist between the parties and to …
RCW 26.09.016 Mediation in cases involving domestic violence or child abuse.
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Mediation is generally inappropriate in cases involving domestic violence and child abuse. In order to effectively identify cases where issues of domestic violence and child abuse are present and reduce conflict in dissolution matters: (1) Where appropriate parties shall be provi…
RCW 26.09.020 Petition—Dissolution of marriage or domestic partnership, legal separation, or for a declaration concerning validity of marriage or domestic partnership—Contents—Parties—Certificate.
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(1) A petition in a proceeding for dissolution of marriage or domestic partnership, legal separation, or for a declaration concerning the validity of a marriage or domestic partnership shall allege:(a) The last known state of residence of each party, and if a party's last known s…
RCW 26.09.030 Petition for dissolution of marriage or domestic partnership—Court proceedings, findings—Transfer to family court—Legal separation in lieu of dissolution.
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When a party who (1) is a resident of this state, or (2) is a member of the armed forces and is stationed in this state, or (3) is married or in a domestic partnership to a party who is a resident of this state or who is a member of the armed forces and is stationed in this state…
RCW 26.09.040 Petition to have marriage or domestic partnership declared invalid or judicial determination of validity—Procedure—Findings—Grounds—Legitimacy of children.
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(1) While both parties to an alleged marriage or domestic partnership are living, and at least one party is resident in this state or a member of the armed service and stationed in the state, a petition to have the marriage or domestic partnership declared invalid may be sought b…
RCW 26.09.050 Decrees—Contents—Restraining orders—Enforcement—Notice of termination or modification of restraining order.
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(1) In entering a decree of dissolution of marriage or domestic partnership, legal separation, or declaration of invalidity, the court shall determine the marital or domestic partnership status of the parties, make provision for a parenting plan for any minor child of the marriag…
RCW 26.09.060 Temporary maintenance or child support—Temporary restraining order—Preliminary injunction—Domestic violence or antiharassment protection order—Notice of termination or modification of restraining order—Support debts, notice.
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(1) In a proceeding for:(a) Dissolution of marriage or domestic partnership, legal separation, or a declaration of invalidity; or(b) Disposition of property or liabilities, maintenance, or support following dissolution of the marriage or the domestic partnership by a court which …
RCW 26.09.070 Separation contracts.
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(1) The parties to a marriage or a domestic partnership, in order to promote the amicable settlement of disputes attendant upon their separation or upon the filing of a petition for dissolution of their marriage or domestic partnership, a decree of legal separation, or declaratio…
RCW 26.09.080 Disposition of property and liabilities—Factors.
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In a proceeding for dissolution of the marriage or domestic partnership, legal separation, declaration of invalidity, or in a proceeding for disposition of property following dissolution of the marriage or the domestic partnership by a court which lacked personal jurisdiction ove…
RCW 26.09.090 Maintenance orders for either spouse or either domestic partner—Factors.
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(1) In a proceeding for dissolution of marriage or domestic partnership, legal separation, declaration of invalidity, or in a proceeding for maintenance following dissolution of the marriage or domestic partnership by a court which lacked personal jurisdiction over the absent spo…
RCW 26.09.100 Child support—Apportionment of expense—Periodic adjustments or modifications.
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(1) In a proceeding for dissolution of marriage or domestic partnership, legal separation, declaration of invalidity, maintenance, or child support, after considering all relevant factors but without regard to misconduct, the court shall order either or both parents owing a duty …
RCW 26.09.105 Child support—Medical support—Conditions.
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(1) Whenever a child support order is entered or modified under this chapter, the court shall require both parents to provide medical support for any child named in the order as provided in this section.(a) The child support order must include an obligation to provide health care…
RCW 26.09.110 Minor or dependent child—Court appointed attorney to represent—Payment of costs, fees, and disbursements.
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The court may appoint an attorney to represent the interests of a minor or dependent child with respect to provision for the parenting plan in an action for dissolution of marriage or domestic partnership, legal separation, or declaration concerning the validity of a marriage or …
RCW 26.09.120 Support or maintenance payments—To whom paid.
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(1) The court shall order support payments, including maintenance if child support is ordered, to be made to the Washington state support registry, or the person entitled to receive the payments under an order approved by the court as provided in RCW 26.23.050.(2) Maintenance pay…
RCW 26.09.135 Order or decree for child support—Compliance with RCW 26.23.050.
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Every court order or decree establishing a child support obligation shall be entered in compliance with the provisions of RCW 26.23.050.[ 1987 c 435 s 16; 1986 c 138 s 1; 1984 c 260 s 21.]Notes:Effective date—1987 c 435: See RCW 26.23.900.
RCW 26.09.138 Mandatory assignment of public retirement benefits—Remedies exclusive.
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*** CHANGE IN 2026 *** (SEE 2034-S2.SL) ***(1) Any obligee of a court order or decree establishing a spousal maintenance obligation may seek a mandatory benefits assignment order under chapter 41.50 RCW if any spousal maintenance payment is more than fifteen days past due and the…
RCW 26.09.140 Payment of costs, attorneys' fees, etc.
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The court from time to time after considering the financial resources of both parties may order a party to pay a reasonable amount for the cost to the other party of maintaining or defending any proceeding under this chapter and for reasonable attorneys' fees or other professiona…
RCW 26.09.150 Decree of dissolution of marriage or domestic partnership, legal separation, or declaration of invalidity—Finality—Appeal—Conversion of decree of legal separation to decree of dissolution—Name of party.
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(1) A decree of dissolution of marriage or domestic partnership, legal separation, or declaration of invalidity is final when entered, subject to the right of appeal. An appeal which does not challenge the finding that the marriage or domestic partnership is irretrievably broken …
RCW 26.09.160 Failure to comply with decree or temporary injunction—Obligation to make support or maintenance payments or permit contact with children not suspended—Penalties.
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(1) The performance of parental functions and the duty to provide child support are distinct responsibilities in the care of a child. If a party fails to comply with a provision of a decree or temporary order of injunction, the obligation of the other party to make payments for s…
RCW 26.09.165 Court orders—Required language.
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All court orders containing parenting plan provisions or orders of contempt, entered pursuant to RCW 26.09.160, shall include the following language:WARNING: VIOLATION OF THE RESIDENTIAL PROVISIONS OF THIS ORDER WITH ACTUAL KNOWLEDGE OF ITS TERMS IS PUNISHABLE BY CONTEMPT OF COUR…
RCW 26.09.170 Modification of decree for maintenance or support, property disposition—Termination of maintenance obligation and child support—Grounds.
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(1) Except as otherwise provided in RCW 26.09.070(7), the provisions of any decree respecting maintenance or support may be modified: (a) Only as to installments accruing subsequent to the petition for modification or motion for adjustment except motions to compel court-ordered a…
RCW 26.09.175 Modification of order of child support.
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(1) A proceeding for the modification of an order of child support shall commence with the filing of a petition and worksheets. The petition shall be in the form prescribed by the administrator for the courts. There shall be a fee of twenty dollars for the filing of a petition fo…
RCW 26.09.181 Procedure for determining permanent parenting plan.
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(1) SUBMISSION OF PROPOSED PLANS. (a) In any proceeding under this chapter, except a modification, each party shall file and serve a proposed permanent parenting plan on or before the earliest date of:(i) Thirty days after filing and service by either party of a notice for trial;…
RCW 26.09.182 Permanent parenting plan—Determination of relevant information.
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Before entering a permanent parenting plan, the court shall determine the existence of any information and proceedings relevant to the placement of the child that are available in the judicial information system and databases.[ 2007 c 496 s 304.]Notes:Part headings not law—2007 c…
RCW 26.09.184 Permanent parenting plan.
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(1) OBJECTIVES. The objectives of the permanent parenting plan are to:(a) Provide for the child's physical care;(b) Maintain the child's emotional stability;(c) Provide for the child's changing needs as the child grows and matures, in a way that minimizes the need for future modi…
RCW 26.09.187 Criteria for establishing permanent parenting plan.
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(1) DISPUTE RESOLUTION PROCESS. The court shall not order a dispute resolution process, except court action, when it finds that any limiting factor under RCW 26.09.191 or 26.09.192 applies, or when it finds that either parent is unable to afford the cost of the proposed dispute r…
RCW 26.09.191 Mandatory and discretionary limitations in parenting plans—Residential time, decision making, and dispute resolution—Determination not to impose limitations—Definitions.
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(1) PURPOSE. Parents are responsible for protecting and preserving the health and well-being of their minor children. When a parent acts contrary to the health and well-being of the parent's child, or engages in conduct that creates an unreasonable risk of harm to a child, the co…
RCW 26.09.192 Limitations in parenting plans arising from sexual abuse of child or sex offense committed against child—Rebuttable presumption.
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This section governs limitations on residential provisions, decision-making authority, and dispute resolution when a parent, or a person the parent resides with, has been convicted of a sex offense against a child or found to have sexually abused a child.(1) SEXUALLY VIOLENT PRED…
RCW 26.09.194 Proposed temporary parenting plan—Temporary order—Amendment—Vacation of order.
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(1) A parent seeking a temporary order relating to parenting shall file and serve a proposed temporary parenting plan by motion. The other parent, if contesting the proposed temporary parenting plan, shall file and serve a responsive proposed parenting plan. Either parent may mov…
RCW 26.09.197 Issuance of temporary parenting plan—Criteria.
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After considering the affidavit required by RCW 26.09.194(1) and other relevant evidence presented, the court shall make a temporary parenting plan that is in the best interest of the child. In making this determination, the court shall give particular consideration to:(1) The re…
RCW 26.09.210 Parenting plans—Interview with child by court—Advice of professional personnel.
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The court may interview the child in chambers to ascertain the child's wishes as to the child's residential schedule in a proceeding for dissolution of marriage or domestic partnership, legal separation, or declaration of invalidity. The court may permit counsel to be present at …
RCW 26.09.220 Parenting arrangements—Investigation and report—Appointment of guardian ad litem.
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(1)(a) The court may order an investigation and report concerning parenting arrangements for the child, or may appoint a guardian ad litem pursuant to RCW 26.12.175, or both. The investigation and report may be made by the guardian ad litem, court-appointed special advocate, the …
RCW 26.09.225 Access to child's education and health care records.
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(1) Each parent shall have full and equal access to the education and health care records of the child absent a court order to the contrary. Neither parent may veto the access requested by the other parent.(2) Educational records are limited to academic, attendance, and disciplin…
RCW 26.09.231 Residential time summary report.
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The parties to dissolution matters shall file with the clerk of the court the residential time summary report. The summary report shall be on the form developed by the administrative office of the courts in consultation with the department of social and health services division o…
RCW 26.09.255 Remedies when a child is taken, enticed, or concealed.
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(1) A relative may bring civil action against any other relative if, with intent to deny access to a child by that relative of the child who has a right to physical custody of or visitation with the child or a parent with whom the child resides pursuant to a parenting plan order,…
RCW 26.09.260 Modification of parenting plan or custody decree.
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(1) Except as otherwise provided in subsections (4), (5), (6), (8), and (10) of this section, the court shall not modify a prior custody decree or a parenting plan unless it finds, upon the basis of facts that have arisen since the prior decree or plan or that were unknown to the…
RCW 26.09.270 Child custody—Temporary custody order, temporary parenting plan, or modification of custody decree—Affidavits required.
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A party seeking a temporary custody order or a temporary parenting plan or modification of a custody decree or parenting plan shall submit together with his or her motion, an affidavit setting forth facts supporting the requested order or modification and shall give notice, toget…
RCW 26.09.280 Parenting plan or child support modification or enforcement—Venue.
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Every action or proceeding to change, modify, or enforce any final order, judgment, or decree entered in any dissolution or legal separation or declaration concerning the validity of a marriage or domestic partnership, whether under this chapter or prior law, regarding the parent…
RCW 26.09.285 Designation of custody for the purpose of other state and federal statutes.
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Solely for the purposes of all other state and federal statutes which require a designation or determination of custody, a parenting plan shall designate the parent with whom the child is scheduled to reside a majority of the time as the custodian of the child. However, this desi…
RCW 26.09.290 Final decree of dissolution nunc pro tunc.
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Whenever either of the parties in an action for dissolution of marriage or domestic partnership is, under the law, entitled to a final judgment, but by mistake, negligence, or inadvertence the same has not been signed, filed, or entered, if no appeal has been taken from the inter…
RCW 26.09.300 Restraining orders—Notice—Refusal to comply—Arrest—Penalty—Defense—Peace officers, immunity.
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(1) Whenever a restraining order is issued under this chapter, and the person to be restrained knows of the order, a violation of the provisions restricting the person from acts or threats of violence or of a provision restraining the person from going onto the grounds of or ente…
RCW 26.09.310 Provision of health care to minor—Immunity of health care provider.
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No health care provider or facility, or their agent, shall be liable for damages in any civil action brought by a parent or guardian based only on a lack of the parent or guardian's consent for medical care of a minor child, if consent to the care has been given by a parent or gu…
RCW 26.09.315 Child custody issues—Abduction by parent—Information.
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In any proceeding under this chapter where the custody or care of a minor child is at issue or in dispute, information on the harmful effects of parental abduction shall be included in any packet of information or materials provided to the parties, or in any parenting class or se…
RCW 26.09.320 Child support—Procedures for abatement based on incarceration—Rebuttable presumption of inability to pay—Reinstatement of support obligation.
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(1) When a child support order contains language providing for abatement based on incarceration of the person required to pay child support, there is a rebuttable presumption that an incarcerated person is unable to pay the child support obligation. Unless the presumption is rebu…