Washington
How do I file for custody (a parenting plan) in Washington?
Quick answer
In Washington, custody is decided through a parenting plan, which allocates decision-making, sets a residential schedule, and provides a way to resolve disputes (RCW 26.09.184). Which petition starts the case depends on the family. Married parents use a Petition for Divorce (FL Divorce 201). Parents whose parentage was established by an Acknowledgment of Parentage or a court order, and who have no court-approved parenting plan, can use the Petition for a Parenting Plan and/or Child Support (FL Parentage 331). If parentage is not yet established, the case starts with a Petition to Decide Parentage (FL Parentage 301).
Researched by Dan Martin, Legal Researcher · Published by Onbello Legal · Last updated October 2026
Whether Washington can decide
Under the Uniform Child Custody Jurisdiction and Enforcement Act, a Washington court generally can make an initial custody decision only if Washington is the child’s home state, meaning the child lived here with a parent for at least six consecutive months immediately before the case, or was the home state within six months before and a parent still lives here, unless one of the narrower grounds in RCW 26.27.201 applies (RCW 26.27.021(7) and 26.27.201).
The proposed parenting plan
A parent who proposes a parenting plan files the statewide Parenting Plan form (FL All Family 140) with a verified statement that it is proposed in good faith (RCW 26.09.181(3)). In a divorce or other chapter 26.09 case, each party’s proposed plan is due by the earlier of 30 days after a notice for trial or 180 days after the case began, unless extended by stipulation (RCW 26.09.181(1)(a)).
Service and response
The petition is served with a summons by someone over 18 who is not a party (CR 4(c)). The statewide summons forms give the other parent 20 days after service to serve a Response, or 60 days if served outside Washington or in a jail, detention, or prison facility. Without a timely Response or Notice of Appearance, the court may approve the requests without hearing that parent’s side.
Tools and resources
Where to check this
Forms, deadlines, and local rules change. Verify anything on this page against the official self-help resources for your state before you rely on it.
This page is general legal information, not legal advice, and does not create an attorney–client relationship. Laws and local rules vary and change. For advice about your situation, consult a licensed family-law attorney in your state.