In the Matter of the Marriage of Marcia Jean Kovacs, Respondent, and John E. Kovacs, Petitioner

Summary

The Washington Supreme Court held that the Parenting Act of 1987 does not create a presumption that placement with the primary caregiver parent is in a child's best interests absent proof of harm; instead, permanent residential placement must be determined by weighing the seven factors in RCW 26.09.187(3)(a), giving the greatest weight to the relative strength, nature, and stability of the child's relationship with each parent. Relying on the Act's legislative history, which showed the Legislature deliberately abandoned primary-caregiver presumptions contained in earlier drafts, the court reversed the Court of Appeals, which had required placement with the primary caregiver unless the child would be harmed by that parent's conduct. The court further held that the trial court did not abuse its discretion in awarding primary residential placement to the father, because ample evidence supported its findings.