Child Custody Attorney Fees the Good Faith Standard under Washington Law

In Washington State, under the "good faith" standard that governs family law actions; one parent may not propose a parenting plan (custody proposal) which in truth they clearly should know is not in the best interests of the child. This effects negotiation and litigation tactics substantially. This legal requirement can result in attorney fees being awarded against parties or attorneys for overly aggressive tactics which don't benefit the child. Attorney fees can also be awarded.



All decisions regarding all aspects of child custody are made at two stages. First, in the Family Court before the Commissioners and then at trial (and on special occasions before trial) before the Judges. The decisions which most substantially effect the final outcome of a custody case are made at the Family Court stage, in front of the Commissioners. These are hand-picked family law attorneys with substantial experience. They are paid well and generally have a very firm grasp of the subject matter under their jurisdiction. Within 2-3 weeks of your custody case being filed in most Washington state counties, either party may make a motion before a Commissioner asking for attorney fees. They usually award anywhere from $0-2500 depending on how complex the case is. Many people don't like the idea of having to pay any of their spouses child custody attorney fees. These child custody attorney fees do not have to based on failure to meet the "good faith" standard, but based on the financial need of one party and the ability of the other to pay it.



These standards are highly discretionary. Most of family law occurs within local practice and is not found within the cases. The case law, even where it exists, speaks more of whether the particular Commissioner or Judge was "reasonable or not" or exceeded the bounds of rational discretion. The result is that local practitioners are the key to knowing what a particular client's set of circumstances will likely yield in terms of attorney fees (or the good-faith standard as well).



Child custody attorney fees sanctions for intransigence may be awarded against a party who litigates a parenting plan issue in bad faith: In re Marriage of Foley, 84 Wn. App. 839, 846, 930 P.2d 929 (1997) (father's numerous frivolous motions, refusal to appear for his deposition and to read correspondence from mother's attorney constitutes intransigence); In re Marriage of Greenlee, 65 Wn. App. 703, 708, 829 P.2d 1120, review denied, 120 Wn.2d 1002 (1992) ("foot-dragging" and obstructionist tactics that force opposing party to seek legal remedies justifies fees award based on intransigence); In re Marriage of Harshman, 18 Wn. App. 116, 128, 567 P.2d 667 (1977) (forcing wife to resort to contempt proceedings to enforce maintenance and support proper basis for awarding attorney fees based on intransigence).and support proper basis for awarding attorney fees based on intransigence). Also, submitting parenting plans which give full custody to one parent who has spent much less time with the children may constitute intransigence depending on the circumstances.



Seattle Divorce Attorney Robert Stark specialize in Washington State Divorce family law, child custody law, Washington Divorce cases and much more.

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A Child Custody Attorney Can Help With Your Child Custody Evaluation

A child custody evaluation can be ordered by a court if you are involved in a custody dispute with your spouse. The custody evaluation can be required in an initial custody case or in a subsequent case if one of the parents requests that the issue of custody be modified. If you are seeking primary custody of your child, you'll want to know the guidelines for the child custody evaluation that you will have to undergo. To some extent, these guidelines vary from state to state, so you will need to discuss the child custody evalutaion process with your child custody attorney or your state family court.

In general, a child custody evaluation involves a series of meetings between the parents and children and a professional who will assess the custody issue. Sometimes that professional is a psychologist. Sometimes it is a professional with an Masters and sometimes a Doctorate degree. In some states the professional simply investigates and reports the details of the investigation to the court. In other states, the professional doing the child custody evaluation actually gives the court a recommendation as to how custody should be determined. A child custody evaluation can be ordered by a court if you are involved in a custody dispute with your spouse. The custody evaluation can be required in an initial custody case or in a subsequent case if one of the parents requests that the issue of custody be modified. If you are seeking primary custody of your child, you'll want to know the guidelines for the child custody evaluation that you will have to undergo. To some extent, these guidelines vary from state to state, so you will need to discuss the child custody evalutaion process with your attorney or your state family court.

In general, a child custody evaluation involves a series of meetings between the parents and children and a professional who will assess the custody issue. Sometimes that professional is a psychologist. Sometimes it is a professional with an Masters and sometimes a Doctorate degree. In some states the professional simply investigates and reports the details of the investigation to the court. In other states, the professional doing the child custody evaluation actually gives the court a recommendation as to how custody should be determined.

The manner in which a child custody evaluation is used by a court can also vary from state to state. In some states, the judges put a higher priority on the wishes of the children and that issue is addressed in the custody evaluation. In some of those states, the child's wishes are considered if the child has attained a certain age. InIllinois, the child's wishes is a key factor. In other states, it is only one factor or not a factor at all. In Alabama, a chid's desire is not considered as a reliable factor in determininig custody, so the factors to be given priority over the child's wishes in the child custody evaluation are more focused on the well being an safety of the child.

A child custody evaluation can involve an investigation into moral habits and issues such as alcohol or drug use, church affiliation and family support system. Other issues that can and often are reviewed in a custody evaluation include factors that are unrelated to moral habits, but which are more focused on the determining which parent can satisfy the child's needs, include the ability to provide an appropriate home, school support, and so forth.

A child custody evaluation can take months to conclude. The investigation aspects can include a review of any existing counseling records for the family, either or both parents, or the children, any mental health records for any of those parties, any criminal records, school records for the children, and one or more interviews with each parent and child and any other individual that the court deems appropriate. For example, if a companion or significant other is living with a parent, that person could have an impact on the day to day lives of the children. The court may want that person included in the child custody evaluation. Some of the evaluation interviews are conducted individually, and some are conducted with parent and children together. That format is dictated by the professional conducting the custody evaluation.

If you are involved in a custody dispute and you will be involved in a child custody evaluation, speak with your attorney about the process that you and your children will be subjected to. Be prepared and open and provide all of the information that is requested of you. Most of all, find out what you are able to say to the children to prepare them for the interviews that they will have to attend.

For more help and information on this topic, visit our site at: {a href=" http://www.millenniumdivorce.com"}Winning at Custody

Attorney Jean Mahserjian is the author of numerous websites and books devoted to helping consumers through the process of separation and divorce. To download free excerpts from her family law books, visit: Divorce and Child Custody