Reasons a Judge Will Change Custody in Seattle

As parents move through the divorce or legal separation process in Washington state, they will need to make important decisions about with whom their children will reside and for how long. Child custody arrangements can be some of the most sensitive and difficult elements to address during the divorce process, as emotions tend to run high, and conversations can turn heated along the way. It’s essential to recognize that the court will seek to establish a parenting plan that supports the child’s best interests and well-being. In most cases, this means that the child custody arrangement will be structured in such a way that allows both parents to enjoy meaningful opportunities to spend time with and care for the child. Although one parent usually has physical custody of the child for a larger share of the time (i.e., the custodial parent cares for the child during the school week), the other parent will likely be able to care for the child on a regular basis (i.e., every other weekend, holidays, etc.) and in such a way that minimizes disruptions for the child. 

Once a child custody arrangement has been established and approved by a judge, it will serve as a guide for the parents as they begin their newly independent lives. However, there are times when a modification to an existing custody order may be necessary, especially when circumstances change that affect the child’s well-being. If you need help seeking a modification to a custody order in King County or Pierce County, you can work with a highly qualified and caring family law attorney to ensure that you can move through this process with greater clarity and confidence. Let’s take a closer look at some reasons a judge will change custody orders in Washington and what you can expect as you navigate this legal process.

Establishing Child Custody in Washington State

Before we explore how to amend child custody arrangements in Washington, it’s worth taking some time to understand the factors that determine how these arrangements are established in the first place. It’s worth noting that a child custody arrangement is referred to as a parenting plan in Washington. When parents separate, they will need to create a parenting plan that addresses the specific details regarding the roles of each parent, as well as with whom the child will reside and for how long. A parenting plan also includes other important information, such as the parents’ plans for resolving disputes in the event that they cannot agree on a particular issue. Whether the parenting plan is created collaboratively between two parents who are separating on relatively amicable terms or the judge must step in to make decisions in especially contentious divorces, the parenting plan (and, therefore, the child custody arrangements) will be established as part of the divorce or legal separation process. When the court reviews or makes decisions about child custody arrangements, the judge will consider a variety of factors, such as the child’s relationship with each parent, the ability of each parent to care for the child, the physical and emotional health of each parent, the child’s specific needs, and other relevant information. Ultimately, the judge will strive to set up a parenting plan that prioritizes the needs and welfare of the child.

Why Would a Judge Change Custody Arrangements?

Once a parenting plan has been established, the expectation is that both parties will adhere to the terms as they begin the next chapters of their post-separation lives. However, the court recognizes that life is inherently unpredictable to some extent, and there are events that can occur that may necessitate the modification of an existing parenting plan or child custody arrangement. Below are just a few of the circumstances that could prompt or justify a modification to a custody order in Washington state.

Parent Relocation

Sometimes, a parent may need to relocate to a different city or state for an employment opportunity or other important reason. This significant change will likely make an existing parenting plan unfeasible, as the child will not be able to move easily between the two homes according to the current custody schedule. The parent who is relocating can petition the court for a parenting plan modification in order to reflect the logistical changes that will affect their ability to spend time with their child. For instance, the parent may ask that the court alter the terms to allow for parenting time that aligns with the child’s school holidays, as they will have more flexibility to transport the child across longer distances during these breaks. 

Changes to a Parent’s Work Schedule

When a parent’s work schedule or job chances, this may require an adjustment to an existing parenting plan. For example, a parent who used to take the kids every other weekend may accept a new job that requires them to work on the weekends. With these new schedule considerations, the parent may seek to modify the custody order so that they can find more convenient times to care for their children (while keeping the disruptions to the child’s life and schedule to a minimum). 

Concerns About the Child’s Safety

There are times when one parent may become concerned about the safety of their child while under the care of the other parent. If the parent has reason to believe that the other parent can no longer provide a stable and safe living environment, they may petition the court to modify the parenting plan in order to protect the best interests and well-being of their child. For instance, the court may modify an existing child custody order if they determine that one parent is unfit to provide safe care for the child (i.e., the parent shows signs of substance or alcohol abuse, the parent has a history of violent or abusive behavior, etc.). Since the court also wants to establish arrangements that facilitate meaningful relationships between a child and both parents whenever possible, the court may temporarily alter the terms of the parenting plan until the struggling parent has received counseling or treatment and can demonstrate that they are capable of caring for the child safely and appropriately. 

One Parent Consistently Violates the Existing Parenting Plan

When a parenting plan is put into effect, the expectation is that both parents will honor its terms. Should an issue arise, the parties are encouraged to work through the matter themselves or by taking the issue to mediation, arbitration, or litigation for resolution. However, if one parent repeatedly fails to honor the terms of the existing parenting plan, the other parent may be justified in petitioning the court to alter the terms of the custody agreement. If you have questions or concerns about the other parent’s consistent violations of the parenting plan, it’s worth discussing your options with a dedicated and experienced Seattle family law attorney to determine the most appropriate course of action. 

How to File a Petition to Modify a Custody Order

To begin the modification process, you will need to complete and file a petition to the court that issued the original parenting plan. This document presents the reasons that you are seeking a modification, and you will need to include evidence that supports your request for altering the terms of the existing parenting plan. Although you are not required to hire an attorney to help you complete and submit the modification request, doing so is highly recommended to ensure that your petition is complete, thorough, accurate, and compelling. Once you file the petition, the other parent will have the opportunity to respond to the petition. If the parent agrees with the terms you are requesting, the court will likely review it and accept it as long as it supports the best interests of the child. However, if the other party disagrees with the modification request, they have the right to request a hearing where both parties can have the opportunity to present their arguments and evidence before the judge. 

What to Expect at the Custody Modification Hearing

While the prospect of appearing in court to make your case before a judge may seem daunting, it’s important to recognize that you do not have to navigate this process alone. By enlisting the guidance of a highly qualified and caring Seattle child custody attorney, you can feel more prepared and empowered to present your case clearly before the court. Together, you and your attorney can gather compelling evidence that shows why you are seeking the proposed modification and how it will support the best interests of your child. Or, if you are contesting a proposed modification put forth by the other parent, your lawyer can help you gather and present evidence that shows why the requested changes are unnecessary, unjustified, or even potentially harmful to the welfare of your child. No matter what your specific concerns may be, you can trust that your skilled and compassionate legal advocate will remain by your side to support you at every step of the process.

At the Hemmat Law Group, we believe in providing exceptional legal guidance and support to individuals and families throughout the Seattle area and beyond. If you are struggling with a divorce, legal separation, or child custody issue, we encourage you to reach out to our office today at (206) 682-5200 to get started with a dedicated and caring family law attorney.