How Family Court Works in Washington

Which court hears your case

Every county in Washington has a superior court. When it hears cases about parenting plans, child custody, visitation, support, or the distribution of property or obligations, it is known as the family court (RCW 26.12.010). The family court gives proceedings involving children priority over cases without children (RCW 26.12.205).

Divorce and legal separation cases, and the parenting plans entered in them, are governed by chapter 26.09 RCW. In those cases the ordinary civil practice applies unless the chapter says otherwise, and there is no jury (RCW 26.09.010(1)). Parents who are not married to each other go through parentage proceedings under chapters 26.26A and 26.26B RCW, where the court makes residential provisions for the children on the same basis as chapter 26.09 (RCW 26.26B.020(7)). Child support is calculated under chapter 26.19 RCW, and which state may decide custody in the first place is governed by the Uniform Child Custody Jurisdiction and Enforcement Act, chapter 26.27 RCW.

Parenting plans, not custody labels

The custody statute in chapter 26.09 does not sort parents into joint and sole custody. A permanent parenting plan must provide for three things: a way to resolve future disputes, the allocation of decision-making authority, and residential provisions for the child (RCW 26.09.184(2)). The residential schedule says in which parent’s home the child lives on given days of the year, including holidays, birthdays, and vacations (RCW 26.09.184(6)). For other state and federal laws that need a custody designation, the plan names the parent with whom the child is scheduled to reside a majority of the time as the custodian, without changing either parent’s rights under the plan (RCW 26.09.285).

The statewide pattern forms

Washington family law runs on statewide pattern forms. A party may not file a pleading in an action under chapter 26.09 RCW except on forms approved by the administrator for the courts (RCW 26.09.006(1)), and the Administrative Office of the Courts maintains mandatory forms for actions under chapters 26.09, 26.26A, and 26.26B (RCW 26.18.220(1)). Not using a mandatory form is not a reason to dismiss a case or refuse a filing, but the court may require a corrected pleading and impose terms (RCW 26.18.220(3)).

The forms are grouped on the Washington Courts family law forms page by series: FL All Family (used in every kind of family case), FL Divorce, FL Parentage, FL Modify, and FL Relocate, plus the Washington State Child Support Schedule worksheets. Each form prints whether it is mandatory or optional in its footer. Most are mandatory, but some are optional, such as the Declaration (FL All Family 135) (revised 05/2016) and the Proof of Personal Service (FL All Family 101) (revised 06/2020).

The people who may handle your case

• A judge of the superior court, who decides trials and many motions.
• A court commissioner, a judicial officer who may hear parts of your case. A commissioner’s rulings are subject to revision by the superior court, and a party who wants revision must file a written motion within ten days after the commissioner’s order is entered (RCW 2.24.050, RCW 26.12.215).
• A guardian ad litem, whom the court may appoint to investigate and report on the child’s best interests, sometimes from a county court-appointed special advocate program (RCW 26.12.175). The court may also order an investigation and report about parenting arrangements (RCW 26.09.220).
• A courthouse facilitator, in counties that have created a program to provide basic services to self-represented parties in family law cases (RCW 26.12.240). Facilitators help you choose and complete approved forms and understand court procedures, but they are not your lawyer and no attorney-client relationship is created (GR 27). The Washington Courts keep a list of courthouse facilitator programs.
• Family court services staff, in counties that have that program, to whom commissioners can refer cases (RCW 26.12.060(1)).

Local rules, filing, and fees

Each county’s superior court also has local court rules, and the statewide motion forms remind you that papers must be filed and served by the deadline in your county’s local rules, or by the state rules if there is no local rule. Whether you can file electronically is also decided locally: under GR 30, the clerk may accept an electronic document for filing that complies with the local and statewide court rules. Ask your county superior court clerk how filing works there.

If you cannot afford the filing fee, GR 34 lets a person who is indigent, as the rule defines it, apply to have filing fees and surcharges waived, using a mandatory pattern form, with no local fee for applying.

Timelines built into the law

• Responding. The statewide summons forms give the other party 20 days after service to serve a Response, or 60 days if served outside Washington or in a jail, detention, or prison facility.
• Proposed parenting plans. In a case under chapter 26.09 other than a modification, each party files and serves a proposed permanent parenting plan by the earlier of 30 days after a notice for trial is filed and served or 180 days after the case began (RCW 26.09.181(1)(a)).
• Trial priority. Trial dates for actions under chapter 26.09 involving minor children receive priority (RCW 26.09.181(6)).
• The earliest final order. In a chapter 26.09 case, the final order or decree may not be entered sooner than 90 days after filing and service, except for decrees of legal separation (RCW 26.09.181(7)).

Primary sources

Laws, rules and forms change. Check the current version at the source before you file.

• RCW 26.12.010, family court jurisdiction
• RCW 26.12.205, priority for proceedings involving children
• RCW 26.09.010, civil practice to govern
• RCW 26.09.006, mandatory use of approved forms
• RCW 26.09.181, procedure for permanent parenting plan
• RCW 26.09.184, permanent parenting plan
• RCW 26.09.285, designation of custody for other statutes
• RCW 26.26B.020, parentage orders and residential provisions
• RCW 26.18.220, standard court forms, mandatory use
• RCW 26.12.060, court commissioners
• RCW 26.12.175, appointment of guardian ad litem
• RCW 26.12.240, courthouse facilitator program
• RCW 2.24.050, revision by court
• GR 27, courthouse facilitators
• GR 30, electronic filing
• GR 34, waiver of fees
• CR 4.1, process in domestic relations actions
• Washington Courts, family law forms