Custody and Support

It’s true that individuals can establish a parenting plan and child support on their own, but even with a collaborative approach and amicable situation, we highly recommend child custody lawyer assistance to make sure that the plan will serve you well.

Child custody is an emotionally charged topic. In many cases, parents can express strong positions not previously known to their partner and can become obstinate and uncooperative in a hurry. Additionally, drafting a parenting plan without experience can lead to unforeseen conflicts down the road only avoided with decades of experience drafting plans that work for parents.

Our office understands the impulse to try and ‘figure it out’ with the other parent, but a parenting plan, well-crafted by experienced child custody lawyers, provides consistency and structure to the children as much as the parents. Avoiding unnecessary conflict during the formative years should be a top priority.

1. Draft a Plan. The first step is to put your heads together and draft a parenting plan or child support order you would like to propose to the court and the other party. Think carefully about the best interests of the children, and what the other parent is likely to accept.
2. Filing a petition. Whether you are petitioning for child support of a parenting plan, you will want to file your petition and proposed orders in superior court. The timing of the petition and the location will depend on your objectives and where you and the child are living. When you are filing for a parenting plan, the court will generally require you to establish child support simultaneously. Our child support attorney can help you navigate both processes and ensure that your child’s best interests are protected.
3. Process Service. You will need to serve various paperwork to your partner to give them notice of your petition. If they are hiding to avoid service, this process can take time, but is an essential part of the legal process.
4. Temporary Orders. To establish order while the full case is pending, parents often petition for a temporary parenting plan to be installed in the meantime. The result of this motion often gives a strong indicator of how the court views the parenting dispute.
5. Discovery. Sometimes it is necessary to request information from the other party during the case. This can be anything from mental health records to establish parental fitness, to financial records to ascertain the other parties’ income for child support calculations. The court can force parties to respond if needed, so the other parent’s cooperation is not strictly required.
6. Mediation. It is usually best if the parents agree on the terms of the parenting plan and enter a child support order collaboratively. If they are having trouble negotiating with one another, a professional mediator can help parties resolve the dispute outside of court.
7. Trial. If all else fails, the parties will put their issues before the Judge to decide. This process can take days or weeks, and often results in a parenting plan that neither party is happy with. In all but the most contenious circumstances we would strongly advise avoiding trial entirely.
8. Modification. Once a parenting plan or child support order are established and entered, either parent can petition the court to modify them at any time if there is a substantial change in circumstances. For example, if one parent moves and makes the residential schedule untenable, or if a parent gets a new job making more money than they were when child support was established, then the plan can be updated. This modification process can be complex, but with the help of a child support attorney, the process can be greatly simplified, especially when both parties agree on the changes.

Parents have a right to request a parenting plan any time after the child is born and the identity of the parents has been determined. The only question before the court is what that plan will look like.

Unfortunately, an uncooperative spouse will make the process take longer, but a case can always be initiated. Speak to our child custody lawyer team to find out more.

nfortunately, the establishment of a parenting plan takes time, and it is important to get the details right for the future. If you are establishing a parenting plan in a divorce case, there is also a 90-day waiting period before final orders can be entered. Our experienced child support lawyers can help you navigate this process and ensure your rights are protected.

This will vary greatly between parents. Many costs are primarily driven by your objectives, the history of the relationship and how the other party reacts. Hopefully, we can negotiate an amicable settlement quickly to avoid needless grief.

For those parents also navigating a divorce or legal separation, your parenting plan and child support petitions will be baked into that process already. If you’re seeking a child support attorney, we offer case evaluations so we can give you more tailored advice, so please get in touch.

Fantastic! Our team of trusted child support lawyers is always thrilled to hear when parents work together. If you and the other spouse can agree beforehand, you can enter a joint petition to establish the parenting plan you want. If both parents freely agree, the court is not going to question the arrangements you make. This will make the process a lot faster and cheaper than if you fought it out in court. Your children will thank you.

The courts will endeavor to enter a parenting plan in the best interest of the children. This is a highly subjective standard, and Judges, no matter how hard they try, don’t really know you or your children. Expecting the court to create an elegant solution and fully understand your parenting relationship with your kids is like asking a surgeon to operate with a chain saw. Theoretically possible, but rarely successful. We never recommend taking a matter to trial for this reason. Our child custody lawyers will work with you to try and avoid the difficulties that can present themselves without the need for trial.

When parties are unsure of the parents’ identity, or when the mother claims a father has no rights to a child, a father can motion to establish parentage – usually by way of a court-ordered DNA test. Once paternity is established, the parenting plan and child support process unfolds as described above.

Alternatively, if a father is proven not to be the parent’s relation, he can be absolved of obligation to the child.

In some circumstances, when a parent has publicly held themselves out as a child’s caregiver for years, they can assume the legal responsibilities and rights of a parent as if they had always had legal parentage. This is called being a de facto parent. Be aware this does not apply in all circumstances, so please consult with one of our child custody lawyers about your specific situation.

Sadly, the impact of abuse and parental conflict are a common occurrence in some family law cases. If a parent can show that the other parent is unfit, or that it would be dangerous for the child in some way to spend time with that parent, parenting plans can be entered that restrict a parent’s time, access, and decision making.

What restrictions you might be able to secure will depend on any historic evidence (or convictions) and available evidence of the dispute. You can also motion for a protection order as part of the process, to restrain the other parent from yourself and/or the children.

If you do not have a parenting plan already in place, then the other parent is assumed to have equal rights to the child. This means they can take the child whenever they please until restricted. A child support attorney can help you fix this by petitioning for a parenting plan and then motioning for immediate relief to return the child to you, or at least enter a temporary parenting plan to stabilize the situation.

Once an order is in place, you can rely on it to hold the other parent in contempt of court if they breach its terms.

If you already have a valid court order, and the other party has deliberately breached this in bad faith, there are a variety of options available to hold the other parent to account. Contempt of court can result in civil fines, extra parenting time for the injured parent, and even jail time for the offending parent if the offense is severe enough.

Problems arise when the parenting plan in question was poorly drafted or does not cover the behavior the other parent is exhibiting – making it difficult to argue that the other parent breached the terms in bad faith. To fix the issue permanently, it may be necessary to file for modification to amend the parenting plan. This is one reason why having a child custody lawyer draft your parenting plan is so crucial to your future.

Your options will depend on whether there is a court order specifically preventing this behavior in some way. If there is, contact a child custody lawyer immediately. International and inter-state child abductions are serious matters, and if they are allowed to brew can quickly become unmanageable problems.

The good news is Washington state generally retains jurisdiction over the children for 6 months after they stop regularly residing here. This means that if the child is removed without your consent, you can move quickly to establish a case here for their return.

Theoretically, yes. Any time a parenting plan is not followed, the other parent can move to enforce its terms with the court. The safest solution is to work with a child support lawyer and put your head together with the other parent and jointly petition the court for a plan modification if it is no longer serving you. This will ensure that the parenting plan stays unique to your family and is again enforceable.

Rather than simply ignoring a parenting plan, we always recommend keeping it up to date to avoid trouble in the future.

Washington uses a standard child support calculation. This means that it is extremely easy to calculate the support obligations of each party if their respective incomes are known.

In brief, the court totals the two parents’ incomes. Each parent’s proportional share of the total is reduced to a percentage, and then that percentage is applied to a mandatory per-child-per-month figure. The net difference is then transferred between the two parties each month. To use round figures, Parent A owes $1,000 per month, and Parent B owes $500 per month. This would result in a net transfer of $500 per month from Parent A to Parent B.

This calculation can be adjusted based on extenuating circumstances, such as a child residing primarily with one parent. Therefore, parenting plans and child support orders are often established together and with the assistance of a dedicated child custody lawyer.

Yes. When calculating support for a party with no or unknown income, their income can be ‘imputed’ (assumed) at a minimum number for the purposes of child support calculations. Our child support lawyers can help with this process. Later, if new information is found to change this minimum number, child support can be modified accordingly.

A common myth is that child support is for the other parent. That simply isn’t true. Child support is payment owed to the child themselves. The other parent merely collects it, and it is left to their discretion how to spend it in the child’s best interest. The only person who can waive the right to the payments is the child– but as they can’t sign away their right because by their nature, they are a minor, the obligation to make payments is almost impossible to stop. Our child support attorneys can help you understand and enforce your rights regarding child support.

Assuming you are deemed the legal parent – no. While you can freely agree never to see your child, and even enter a parenting plan to that effect, you will always be required to pay child support, and you will always reserve the right to petition the court to get your parenting time back.

The only way to truly absolve yourself of all obligation is by having another competent adult assume full legal responsibility in your stead. This is known as adoption.