Unmarried couples in Washington State do not have what some states call “common law marriage.” However, Washington courts do recognize “committed intimate relationships” (CIR). These relationships are established when an unmarried couple lives together for a significant period in a marriage-like relationship. In Washington State, such relationships confer property rights and other rights similar to those of married couples.
Understanding the implications of living with an intimate partner in Washington is crucial so you can plan accordingly and be aware of your rights if the relationship ends. Cohabitation laws apply to all couples who meet the legal criteria for CIR, including both opposite-sex and same-sex couples.
What about custody?
Regarding child custody, the focus remains on the child’s best interests, regardless of the parents’ relationship status. Still, here are some key points on how a CIR might impact custody rights:
- Best interests of the child: The court’s primary consideration in custody cases is always the child’s best interests. This includes factors such as the child’s emotional and physical needs, the stability of each parent’s home environment, and the child’s relationship with each parent.
- Parenting plan: Whether the parents are in a CIR or not, they will need to create a parenting plan that outlines the residential schedule, decision-making responsibilities, and other relevant arrangements for the child’s upbringing.
- Parental rights and responsibilities: Each parent in a CIR has the same rights and responsibilities as any other parent, which include the right to seek custody or visitation and the obligation to provide for the child’s needs.
- Impact on stability: If the CIR provides a stable and supportive environment for the child, it might positively influence the court’s view of the parent’s ability to provide for the child’s well-being. Conversely, if the relationship is unstable or contentious, it could impact the court’s assessment.
- Legal process: The legal process for determining custody and creating a parenting plan is the same whether the parents are in a CIR, married or not in a relationship at all. The court will consider all relevant factors to ensure the best outcome for the child.
- Cohabitation and parenting: If the parents have been living together in a CIR, the court may look at how the cohabitation has affected the child’s life, including the child’s relationship with both parents and the overall home environment.
The needs of each family are different
Parents’ legal rights and responsibilities in a CIR are the same as those of any other parent. As with any coparent in Washington who ends their marriage, it is often helpful for parents in a CIR to work with an experienced family law attorney to develop a parenting plan that prioritizes the children’s needs while also honoring the coparents legal rights and best interests. A lawyer can also help with dividing assets, representing the parent in court if necessary and addressing other details unique to the CIR.