Child Custody

Child Custody Attorney in Spokane

Serving Spokane Families Through Mediation & Contested Custody Since 1980

A custody dispute or a parenting plan that doesn’t reflect your role as a parent can affect your relationship with your children for years. At Maxey Law Office, we represent Spokane-area parents through every phase of custody proceedings, from negotiated parenting plans to fully contested litigation in Spokane County Superior Court. Our attorneys are equally prepared for both paths, so your representation fits the case you’re actually facing.

We’ve served families in Spokane, Eastern Washington, and North Idaho since 1980. That longevity means we’ve handled child custody matters ranging from cooperative co-parenting agreements to high-conflict disputes involving relocation, modification, and enforcement. Our divorce-related representation covers the full range of custody situations Washington families encounter.


Call Maxey Law Office today at (509) 652-3330 or contact us online to schedule a consultation with our child custody attorney in Spokane.


Why Spokane Families Choose Maxey Law Office

Maxey Law Office was founded in 1980 by Carl Maxey, the first African American admitted to the bar in Spokane and a nationally recognized civil rights leader and decorated trial lawyer. That founding legacy shapes how we approach every case: each client receives individualized attention, direct communication, and attorneys who know the difference between a matter that belongs in mediation and one that needs to go before a judge.

We don’t treat custody matters as interchangeable. Whether your situation is straightforward or highly contested, you work with attorneys prepared to negotiate, mediate, or litigate on your behalf. Our accessibility commitment is equally concrete: when clients can’t come to us, we go to them, including home and hospital visits when circumstances require it.

Client feedback reflects what we aim for: “They go above and beyond for the client… extremely hard-working!!” Katie H.

Child Custody Situations We Handle

Custody issues arise in divorce and legal separation, but also in paternity cases and when unmarried parents separate. The circumstances differ, but the stakes are the same: how parenting time is divided, who makes major decisions, and what happens when life changes after an order is already in place.

Our attorneys represent clients across the full scope of custody matters, including:

  • Parenting plan drafting and negotiation for divorcing and unmarried parents
  • Contested custody litigation when agreement isn’t possible
  • Custody arrangements for unmarried parents establishing child support
  • Grandparent visitation matters
  • Enforcement of existing custody and parenting plan orders
  • Modification of custody orders when circumstances change
  • Relocation cases, whether you’re the parent seeking to move or opposing the request

Washington’s Best Interests of the Child Standard

Washington courts determine custody based on what serves the best interests of the child, a standard defined under RCW 26.09.002. Rather than defaulting to either parent, the court weighs a range of factors to identify the arrangement that best supports the child’s physical and emotional well-being.

Factors courts consider include:

  • Each parent’s capacity to meet the child’s physical and emotional needs
  • The strength and continuity of each parent’s relationship with the child
  • Any history of domestic violence, substance abuse, or child abuse
  • The child’s adjustment to home, school, and community
  • The child’s own preferences, if they’re mature enough to express them meaningfully

Our attorneys navigate Washington’s custody laws with this standard as the foundation, advocating for your parental rights while keeping your child’s welfare at the center of every argument we make. Most Spokane-area custody matters are heard in Spokane County Superior Court, and we know how those proceedings work.

Types of Child Custody in Washington

Washington custody arrangements involve two distinct dimensions. Legal custody (called decision-making authority) determines who has the right to make major choices about the child’s education, healthcare, and religious upbringing. Physical custody refers to the child’s primary residence and daily care, typically described through a residential schedule.

Courts can order several different arrangements within these categories:

  • Joint Custody: Parents share legal and/or physical custody, with both involved in decision-making and parenting time.
  • Sole Custody: One parent holds primary legal and/or physical custody; the other parent may have visitation rights with limited decision-making input.
  • Primary Custody: One parent has primary physical custody while legal custody may be shared, allowing both parents a role in major decisions.
  • Split Custody: In families with multiple children, each parent may receive primary physical custody of at least one child.

Parental Fitness in Custody Proceedings

When a parent’s fitness is at issue, Washington courts examine whether that parent’s behavior poses a risk to the child’s well-being. A finding of unfitness can significantly limit custody rights.

Factors courts may consider include:

  • History of domestic violence or child abuse
  • Substance abuse or addiction
  • Mental illness that impairs the ability to provide consistent care
  • Neglect or abandonment
  • Criminal activity or incarceration

Parenting Plans in Washington

Washington requires a court-approved parenting plan in every divorce involving minor children, governed by RCW 26.09.184. The plan isn’t just paperwork: it defines the day-to-day reality of your child’s life and your access to them going forward.

Every parenting plan must address three core elements:

  • Residential Schedule: Specifies where the child will live and how parenting time is divided between parents, including holidays and school breaks.
  • Decision-Making Authority: Identifies which parent holds authority over major decisions about the child’s health, education, and other significant matters.
  • Dispute Resolution Process: Establishes how future disagreements between parents will be handled, typically through mediation or arbitration before returning to court.

Washington family law generally requires parents to attempt alternative dispute resolution before bringing a contested custody matter before a judge. Some divorces allow for fully negotiated terms of child custody. Others require courtroom advocacy. We are equally prepared to negotiate a parenting plan or to provide strong advocacy through a collaborative divorce or contested proceedings. Our approach is shaped by your situation, not a default preference for one path over the other.

Modifying an Existing Child Custody Order

Custody orders reflect circumstances at a point in time. When those circumstances change significantly, Washington courts allow modification under RCW 26.09.260, provided the requesting parent can demonstrate a substantial change has occurred and that the modification serves the child’s best interests.

Changes that may qualify include:

  • Relocation of one parent
  • A significant shift in the child’s needs
  • Evidence of abuse or neglect
  • A parent’s inability to meet their obligations under the current order

We guide clients through the modification process and advocate for changes that reflect how your family’s situation has actually evolved. The standard is demanding, and preparation matters.

Relocation & Child Custody in Washington

When a parent with primary custody plans to move, Washington’s Relocation Act (RCW 26.09.405) requires advance written notice to the other parent. That notice triggers the non-relocating parent’s right to object if the move would significantly disrupt the existing parenting plan.

Courts evaluating relocation requests weigh factors including:

  • The reasons for the proposed move
  • The impact on the child’s relationship with the non-relocating parent
  • The benefits the move offers the child
  • Whether meaningful contact with the non-relocating parent can be maintained through alternatives

We represent clients on both sides of relocation disputes, whether you’re seeking to move with your child or opposing a request that threatens your parenting time. Relocation cases are time-sensitive, and notice deadlines matter.

Talk to a Spokane Child Custody Lawyer

Custody decisions made today shape your relationship with your children for years to come. Maxey Law Office has represented Spokane-area families in custody matters since 1980, handling everything from straightforward parenting plan negotiations to contested litigation and relocation disputes. Our attorneys are accessible, direct, and prepared to advocate at every stage of the process.


Contact Maxey Law Office today to schedule a consultation with a child custody lawyer in Spokane. Call us now at (509) 652-3330.


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    “They go above and beyond for the client... extremely hard-working!!” - Katie H.
    “I received excellent, professional advice.” - Darcy

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