One common misconception of child custody cases is the distinction between parental rights and custodial rights. Just because one parent is granted custody of a child does not mean that the other parent loses his or her parental rights to that child. In fact, the right to parent one’s child is recognized as a fundamental right by the U.S. Supreme Court. The task for a Washington State family law lawyer in overcoming such a fundamental right is a tall order, although it is not a necessary one to make a custody determination. Instead, Washington courts use a “best interests of the child” standard when determining which fit parent shall have custody of a child. Washington State family law lawyers need only make arguments to overcome a person’s fundamental parenting rights under special circumstances like adoption, abuse, or neglect cases.

When parents divorce, the court must decide with whom the children shall live and under what schedule. If neither parent has been declared unfit, the non-custodial parent is entitled to “reasonable visitation” with the children. The job for a Washington State family law lawyer in custody cases where both parents are fit is to see to it that his or her client receives such reasonable visitation.

Child custody cases are hard cases for any Washington State family law lawyer. Parents generally know what is in their children’s best interests, but when parents are not thinking clearly because of the conflict in their divorce courts may have to decide for them. A good Washington State family law lawyer knows that parents are not always at their best during a divorce proceeding and that a sound, calm mind can be of much help. The Washington State family law lawyers at McKinley Irvin make sound reasoning during custody cases a high priority. They guide their clients through the process and help them understand their legal posture before making rash decisions. If you have questions about child custody, contact a Washington State family law lawyer at McKinley Irvin today and get some sound advice on probably the most important issue in your life.