Divorce Guide

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Child Custody Family Law

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Almost every parent facing divorce considers child custody as the most important issue. Many troubling questions arise: with whom will the children live, how much will they visit with the other parent, and if I am not the residential parent do I lose my parental rights? Bellevue family law cases, governed by Washington State family law, apply a standard of ?best interests of the child? to determine custody. Absent a showing that one parent is unfit, the residential schedule for the children after divorce will be what is in the children's best interest. While this standard sounds vague, keep in mind that since families are each unique, the law has to be flexible enough to be effective. Bellevue family law attorneys specialize in litigating the meaning of this very important standard.



Another thing to keep in mind is that generally the most effective parenting plans are those in which the parties agree to the terms themselves. By effective I mean here that the parties abide by it and it works little hardship on the children so that they are able to thrive. Bellevue family law lawyers work hard to understand the special circumstances of their client's case in order to facilitate agreements. While it may seem difficult if not impossible to openly negotiate with someone you have decided to divorce, the best interests of your children may be at stake. In any event, Bellevue family law requires, by King County family law rule, that the parties attempt mediation of all divorce cases. This shows just how much weight the courts give to the mediation process.

The Bellevue family law attorneys at McKinley Irvin are all in favor of negotiation. Child custody cases are emotional and personally detailed matters, and communication between the parties in the dispute is always positive. However, not all Bellevue family law attorneys work this way. Some custody disputes become hotly litigated, and when this happens, we have the experience and resources to litigate with the best of them. Whether your Bellevue family law case involves child custody, spousal maintenance, property division, or child support, the Bellevue family law lawyers at McKinley Irvin are highly experienced and effective. We approach all our cases with the intensity and respect family law clients deserve, and we encourage a communicative approach when possible.
Child Custody Family Law
Under Seattle family law?Washington State family law?there is a distinction between custody rights to children and a parent's fundamental right to parent her children. To illustrate, in some cases a parent has no custody or visitation rights to a child, although his parental rights have not been terminated. Under these circumstances, custodial or visitation rights can be obtained, depending upon the circumstances. To use another illustration from Seattle family law, a child's biological father may not be known or held out as such, but he may be able to block someone else from adopting that child because his parental rights have not been terminated.

Seattle family law in this area is quite complex and much depends on the facts of each case. However, consider these policies that courts try to accomplish. First, courts generally make custody determinations based on what is in the best interests of the child. Second, it is generally in a child's best interest to maintain a stable and consistent home environment. Third, a fit parent presumably has his or her child's best interest in mind. While these generalizations are nowhere near a summary of Seattle family law custody factors, they can give a sense of what the law tries to accomplish.

If you are or think you are the father of a child for whom you do not have custody rights, contact a Seattle family law attorney at McKinley Irvin for some advice on your parental rights. Our lawyers also help in terminating the parental rights of an absent parent in order to allow adoption, and are highly experienced in all areas of Seattle family law litigation.
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