How to File for Custody in Washington State

The Filing Process Depends on Whether You Are Married

In Washington, the paperwork you file depends on your relationship with the other parent. If you are married, you file a Petition for Dissolution of Marriage (Form FL Divorce 201), and the parenting plan is part of that divorce case. If you were never married to the other parent, you file a Petition to Establish Parentage (Form FL Parentage 301), which establishes legal parent-child relationships and creates a parenting plan as a standalone action.

Both pathways lead to the same result — a court-ordered parenting plan filed on Form FL All Family 140 — but the initial petition forms differ.

Step 1: Gather Your Required Forms

For a dissolution with children, you need these forms at a minimum:

• FL Divorce 201 — Petition for Dissolution of Marriage
• FL Divorce 210 — Summons
• FL All Family 140 — Proposed Parenting Plan (your proposed residential schedule and decision-making terms)
• FL All Family 001 — Confidential Information Form (addresses, Social Security numbers — sealed from public view)
• FL All Family 131 — Financial Declaration (if requesting temporary support or orders)

For a parentage action, you need FL Parentage 301 (Petition to Establish Parentage) instead of the divorce petition, plus the same parenting plan and confidential information forms.

All forms are available for free at courts.wa.gov. Download the most current versions — the parenting plan form was substantially updated in July 2025.

Step 2: File With the Superior Court Clerk

You file in the Superior Court of the county where either spouse (or parent) resides. Washington has no minimum residency duration requirement — you only need to be a resident on the day you file. Active-duty military members stationed in Washington also qualify.

The filing fee is $364. If you cannot afford it, you can request a complete waiver under General Rule (GR) 34 by showing that you receive public assistance (TANF, SSI, food stamps, Medicaid) or that your household income falls at or below 125% of the federal poverty level. Under the Jafar v. Webb ruling, courts cannot offer partial waivers or deferred payment plans to eligible individuals — the waiver must be complete.

Step 3: Serve the Other Parent

After filing, you must personally serve the other parent with copies of all filed documents. Washington requires personal service — handing the papers directly to the respondent. You cannot serve the other parent yourself. Use a third-party process server, the county sheriff, or any person over 18 who is not a party to the case.

Service typically costs $50 to $150, depending on whether you use the sheriff or a private process server. After service is completed, file a Proof of Personal Service (Form FL All Family 101) with the court.

Service triggers two important clocks: the mandatory 90-day waiting period before the court can enter final orders, and your county's parenting seminar deadline (usually 60 days from service).

Step 4: Seek Temporary Orders if You Need Immediate Stability

If you need a residential schedule in place before the case is resolved — which most parents do, since contested cases take 6 to 18 months — file a Motion for Temporary Family Law Order. A Superior Court commissioner can enter temporary orders establishing an interim parenting schedule, temporary child support, and restrictions on either parent relocating with the child.

Temporary orders are typically decided based on written declarations (your sworn written statement of the facts) without a full trial. The quality of your declaration matters significantly — commissioners often have 15 to 30 minutes per case and rely heavily on the written record.

Step 5: Complete the Mandatory Parenting Seminar

Almost every Washington county requires both parents to complete an approved parenting education class. The court will not sign your final parenting plan without certificates of completion from both parents.

County-specific requirements vary:

• King County: "What About the Children?" seminar, $80, via Zoom, due within 60 days of service (LFLR 13(c))
• Spokane County: "Sharing the Children" through Northwest Mediation Center, $31, via Zoom, due within 60 days
• Snohomish County: "Successful Co-Parenting" or "Children in Between," due within 60 days
• Kitsap County: In-person only — online classes are explicitly prohibited without a judicial waiver

Step 6: Negotiate or Litigate the Permanent Plan

If you and the other parent agree on the parenting plan terms, you submit agreed final orders to the court. The earliest this can happen is Day 91 (after the 90-day waiting period expires). An agreed case in Washington can finalize surprisingly quickly once both parents have their seminar certificates filed.

If you cannot agree, the case proceeds through discovery, mediation (mandatory in many counties), and eventually trial. Many Washington counties offer an Informal Family Law Trial (IFLT) pathway where both parents waive strict rules of evidence, and the judge speaks directly with each parent. This option works well for self-represented litigants who find formal courtroom procedures intimidating.

Filing Without a Lawyer

Washington's courthouse facilitator program exists in every county to help self-represented litigants. Facilitators can review your forms for completeness, explain court procedures, and point you to resources. They charge modest fees, usually $20 to $75 per appointment.

The critical limitation: facilitators cannot tell you what to write in your parenting plan, recommend a residential schedule, or advise you on legal strategy. They verify that you have the right forms filled in — not that you filled them in well.

If you want structured guidance on drafting each section of the parenting plan — including residential schedules, decision-making provisions, and child support worksheets — the Washington Child Custody & Parenting Plan Guide walks through the entire process from filing through final orders, with county-specific procedural details for King, Pierce, Snohomish, Spokane, and Thurston counties.

See more Washington guides →