How is Child Visitation Determined in a Washington Divorce?

In Washington, the court determines child visitation based on what is in the best interest of the child. A non-custodial parent is entitled to reasonable child visitation absent any moral turpitude or criminal actions. These actions include domestic abuse or sexual abuse of a child.

RCW 26.10.160 - Visitation Rights — Limitations

(1) A parent not granted custody of the child is entitled to reasonable visitation rights except as provided in subsection (2) of this section.

(2)(a) Visitation with the child shall be limited if it is found that the parent seeking visitation has engaged in any of the following conduct:

(i) Willful abandonment that continues for an extended period of time or substantial refusal to perform parenting functions;

(ii) physical, sexual, or a pattern of emotional abuse of a child;

(iii) a history of acts of domestic violence or an assault or sexual assault which causes grievous bodily harm or the fear of such harm; or

(iv) the parent has been convicted as an adult of certain sex offenses,

(b) The parent's visitation with the child shall be limited if it is found that the parent resides with a person who has engaged in any of the following conduct:

(i) Physical, sexual, or a pattern of emotional abuse of a child;

(ii) a history of acts of domestic violence or an assault or sexual assault that causes grievous bodily harm or the fear of such harm; or

(iii) the person has been convicted as an adult or as a juvenile has been adjudicated of certain sex offenses.

(c) If a parent has been found to be a sexual predator under chapter 71.09 RCW or under an analogous statute of any other jurisdiction, the court shall restrain the parent from contact with a child that would otherwise be allowed under this chapter. If a parent resides with an adult or a juvenile who has been found to be a sexual predator under chapter 71.09 RCW or under an analogous statute of any other jurisdiction, the court shall restrain the parent from contact with the parent's child except contact that occurs outside that person's presence.

(d) There is a rebuttable presumption that a parent who has been convicted as an adult of a sex offense poses a present danger to a child. Unless the parent rebuts this presumption, the court shall restrain the parent from contact with a child that would otherwise be allowed under this chapter.

(e) There is a rebuttable presumption that a parent who resides with a person who, as an adult, has been convicted, or as a juvenile has been adjudicated, of certain sex offenses places a child at risk of abuse or harm when that parent exercises visitation in the presence of the convicted or adjudicated person. Unless the parent rebuts the presumption, the court shall restrain the parent from contact with the parent's child except for contact that occurs outside of the convicted or adjudicated person's presence.

Talk with an Attorney

If you are a non-custodial parent in Washington, you are entitled to visitation with your child. However, if you have a criminal history of domestic or sexual abuse, your visitation is subject to limitations. Discuss your case with an experienced family law attorney to determine your rights.

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