The ending of a long-term partnership is understandably disorienting and emotionally fraught. Even if you know that walking away from your marriage is your best option for enjoying a brighter and more secure future, it’s natural to experience intense feelings of loss, sadness, grief, and anger. While the divorce process can be complicated and draining for anyone, parents are tasked with additional decisions as they work to untangle their lives from one another. Making decisions about with whom the child will live and for how long can be a contentious endeavor, as both parents may do everything they can to ensure that they are able to spend as much time as possible with their child after the divorce is finalized. By now, the psychological impact of divorce on children has been well-studied and documented, with some children of divorced parents experiencing “physical and psychological consequences such as hypochondriasis, depression, anxiety, psychological distress, and aggression,” among other difficulties. Fortunately, these challenges can be minimized by working with mental health professionals to identify and develop coping strategies that help children adjust to their post-divorce realities.
As you begin to explore your divorce options in King County or Pierce County, it’s helpful to take some time to familiarize yourself with the upcoming legal process and what to expect along the way. If you are a parent, you and your soon-to-be ex-spouse will need to create a parenting plan in order for the court to finalize the divorce. Although the parenting plan may initially seem daunting, this important document gives you the opportunity to gain a clear understanding of Washington parenting time schedules and create guidelines that protect your child’s best interests. When you enlist the guidance of a highly experienced and caring Seattle family law attorney, you can make more informed decisions with greater certainty and confidence. Let’s take a look at how parenting plans work in Washington state, what to include in a Washington parenting plan, and how working with a skilled and compassionate Seattle divorce and family law attorney can support you throughout this process.
First, it’s helpful to understand what the term “parenting plan” encompasses as you approach the divorce or legal separation process. Essentially, a parenting plan is a legal document that addresses all of the logistics pertaining to your role as parents after the divorce or separation is finalized. A parenting plan addresses custody arrangements, residential time, visitation schedules, and other key information, such as how important decisions about your child will be made. The purpose of establishing a parenting plan is to ensure that the best interests of your child will remain the top priority once the marriage ends, and the details articulated in the parenting plan will guide the decision-making process and minimize potential disagreements or issues later on. Should a dispute arise, the parties can refer to the terms set forth in the parenting plan for guidance as to how to resolve the matter. If the issue requires the intervention of the court, the judge will also use the parenting plan to inform their decision. Once you have a clear parenting plan in place, you can rest easier knowing that your child’s best interests will remain in safe and secure hands.
As you move through the divorce or legal separation process in King County or Pierce County, you will need to make several crucial decisions regarding your assets, debts, and properties. If you have children, you will need to move through the process of creating and filing a parenting plan before the court can finalize your divorce. There are several resources that can guide you through the process of establishing a parenting plan, but most people find that enlisting the support of a knowledgeable and experienced Seattle divorce and family law attorney is the best way to move through this challenging time with greater certainty and understanding. Your attorney will help you identify your specific needs and goals so that you can draft a parenting plan that’s customized to address these considerations. Below are just a few of the topics that a parenting plan can include.
The most important aspect of a parenting plan typically concerns the child’s living situation. In other words, with whom will the child reside for the majority of the time, and when will the other parent be able to spend time with the child? There are many factors that influence these decisions, and the court will prefer a parenting plan that minimizes disruptions to the child’s life as much as possible. This may mean that the child will live with one parent for the majority of the time (i.e., during the school week) and spend every other weekend with the other parent. Or, if the parents live near one another and within the same school district, the parents may negotiate a residential schedule that allows the child to switch residences in the middle of the week—as long as this arrangement is not too disruptive to the child’s well-being.
As a parent, you understandably want to spend holidays with your child. As you negotiate the terms of the parenting plan, you and the other parent will need to arrive at a compromise that gives you both the opportunity to spend holidays with your child. For instance, many families decide to alternate custody on holidays (i.e., one parent spends Christmas with the child one year, and the other parent does so the following year). Summer break can also take some thought when establishing a parenting plan, as one parent’s work schedule may limit their availability to care for the child during this longer break from school.
Another important element of a parenting plan is including instructions and guidelines as to how the parties will make decisions or resolve conflicts as they arise in the future. In most cases, the parents share joint decision-making authority, which means that they will need to work together to reach a decision that serves the child’s best interests. For instance, the parenting plan can provide guidance as to how the parents should make an important healthcare decision for the child. Additionally, an effective parenting plan should address how the parents should work through any disagreements that arise. They may agree to participate in mediation or arbitration in the event of a dispute, both of which are forms of dispute resolution that can help the parties resolve any issues that can crop up later on.
Depending on the specifics of your situation, the path you take to put a parenting plan in place can vary. For cases where the parties are able to work together to negotiate the terms of the parenting plan, the process can move forward relatively smoothly and productively. Once the parties have created a parenting plan, they can file it with the court for its approval. As long as the specifics of the plan serve the best interests of the child, the court will likely approve it without issue. However, parties who cannot agree or whose negotiations turn too contentious may need to take the matter before a judge in order to obtain a fair resolution. Parenting plan disputes in Washington family court can be challenging to navigate on your own, but having a dedicated and experienced family law attorney by your side can help you feel more empowered and hopeful about the future. The judge will listen to the concerns of both parties and establish a parenting plan that protects the child’s best interests.
Once a parenting plan is in place, all parties are expected to adhere to its terms. However, Washington courts recognize that some circumstances may change that may require a modification to an existing parenting plan in order to accommodate these changes. For instance, if a parent needs to relocate for a new job or employment opportunity, they may file a petition with the court to modify the existing parenting plan so that the child can spend more time with the other parent who remains in the child’s school district. If you need to modify the terms of a parenting plan, enlisting the guidance of a highly qualified and caring Seattle family law attorney is encouraged so that you can move through this process with greater ease.
As you approach the divorce or legal separation process, it’s natural for questions to arise along the way. What happens if parents can’t agree on a parenting plan? How often can a parenting plan be modified? How can I protect my child’s best interests as I move through the divorce process? As overwhelmed and anxious as you may feel right now, it’s essential to understand that you do not have to move through this challenging time on your own. When you work with a caring and trusted Seattle family law attorney, you can breathe easier knowing that your future will be as secure as possible.
At the Hemmat Law Group, we recognize that you have many options when it comes to selecting a divorce attorney. However, we believe in delivering exceptional service that’s customized to suit your specific concerns and goals so that you can move forward into a brighter and more secure future. If you have questions about the divorce process in Washington state, please contact our Seattle office today at (206) 682-5200 to get started with a caring and trusted family law attorney.
The Hemmat Law Group (HLG) was founded in 1994 by Steven Amir Hemmat, a former DOJ Trial Attorney. We specialize in family law, supporting victims of the legal system.
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