The bond between a parent and their child is important, regardless of whether the child’s parents continue to be in a marriage or romantic relationship. Even if the parents go their separate ways, each parent wants to make sure that they can spend time with their child and take an active role in their life. One of the most time-consuming (and sometimes contentious) steps of the divorce or legal separation process in Washington state is establishing what’s known as a parenting plan. A parenting term is a legally enforceable document that sets forth the roles and responsibilities of each parent, addressing crucial details like with which parent the child will reside for the majority of the time and for how long, as well as with which parent the child will spend their holidays. Whether the parents are able to negotiate the terms of the parenting plan during the divorce or the court needs to step in to create a parenting plan that protects the best interests of the child, the parenting plan will serve as the definitive guide for both parents as they navigate the endeavor of raising their child once the marriage is over.
Once a parenting plan has been put in place in Pierce County or King County, both parties are obligated to adhere to the terms. Violations of the parenting plan can result in the court stepping in to enforce the terms, which may also trigger legal consequences. However, the court recognizes that circumstances change and that one parent may find themselves unable to fulfill the terms of the parenting plan. In these situations, the parent may petition the court for a parenting plan modification in order to ensure that the details of the parenting plan align with the parent’s circumstances (while continuing to protect the child’s best interests). Although Washington does not require a parent to hire an attorney in order to file a petition for modification, doing so is highly recommended to maximize your chances of success. Partnering with a highly qualified and caring Seattle family law attorney is the best way for you to understand what to expect during each step of the process. Let’s take a closer look at how to change a custody agreement in Washington state and the advantages of enlisting the guidance of a trusted and knowledgeable Seattle child custody lawyer to support you along the way.
Legal Grounds For Seeking a Parenting Plan Modification in Washington State
It’s important to recognize that the court will not approve parenting plan modifications for minor changes. Instead, Washington law requires that the parent seeking the parenting plan modification provide evidence of a substantial change in circumstances. Under RCW 26.09.260, “the court shall not modify a prior custody decree or parenting plan unless it finds, upon the basis of facts that have arisen since the prior decree or plan or that were unknown to the court at the time of the prior decree or plan, that a substantial change has occurred in the circumstances of the child or the nonmoving party and that the modification is in the best interest of the child and is necessary to serve the best interests of the child.” In other words, the court must see evidence of a significant change in either the parent or child’s circumstances that justifies the request for modification. Below are just a few of the possible reasons why a parent may seek a parenting plan or parenting schedule adjustment in Washington state.
Unsafe Living Environment for the Child
If the parent with whom the child is living for periods of time (per the terms of the existing parenting plan) poses any danger to the child, the other parent can file a request for modification. For instance, if the other parent’s living situation is unsafe (i.e., the child is neglected or exposed to drugs, alcohol, or suspicious people dropping by at odd hours), or if there are concerns about abuse, the child’s other parent can seek a parenting plan modification right away to ensure that the child’s best interests and safety remain intact.
Custodial Time Differs Significantly From the Original Plan
If the other parent serves as the primary custodial parent according to the terms of the existing parenting plan and they have allowed you to spend significantly more time caring for the child than these original terms allowed, you can file a modification request to update the terms. Modifying the terms of the parenting plan to reflect these substantial changes in parenting and custodial time is essential to ensure that the parenting plan aligns with the reality of the circumstances—as long as they continue to prioritize the child’s best interests.
The Parent Has Been Found in Contempt
In situations where one parent has been criminally convicted of custodial interference, the other parent can file a parenting plan modification request with the court. Or, if the court has held the other parent in contempt at least twice within a three-year period for violating the terms of the parenting plan, you can file a Pierce County or King County parenting plan modification request.
Reasons For Filing a Request for Minor Change in Washington State
Washington state recognizes that there are less substantial reasons for a parent to seek a modification to an existing parenting plan. For instance, considerable changes in a parent’s income or work schedule can prompt the need for updating the terms of the parenting plan to reflect these new circumstances. Here are a few reasons that may justify a request for a parenting plan modification for more minor changes.
Relocation
If a parent moves farther away, it may no longer make sense for the child to spend weekdays with this parent because it is too difficult for the child to attend their school. In this case, either parent may file a parenting plan modification request to update the terms so that the child can continue to attend their school and adjust the schedule so they can visit the parent who relocated during their summer break.
Change to a Parent’s Work Schedule
When a parent’s work schedule changes, this can complicate residential time and necessitate the need to update the terms of the parenting schedule. You can file a Petition to Change Parenting Plan so that you can make sure you are able to honor your new work schedule while still finding time to care for your child.
Financial Changes
A sudden loss of income can significantly affect a parent and their ability to provide a stable living environment for their child. In some cases, a request for a parenting schedule modification affects the child support order as well. You can indicate this when you complete the Petition to Change Parenting Plan, and you will be asked to file additional legal documents to address this matter.
Filing a Petition for Modification in King County or Pierce County
First, you will need to locate, complete, and file a Petition to Change Parenting Plan document. If both parents agree to the proposed changes, the modification request process tends to proceed more smoothly and uneventfully. However, if one parent does not agree to the modification request, the parent filing the petition will need to wait until the other parent has the chance to respond to the petition before a hearing can be scheduled before a judge. The court will decide if there is adequate cause for your case to proceed. At the hearing, the judge will review the documents you and the other parent have submitted. You will also have the opportunity to explain your reasons for requesting a parenting plan modification, and the other parent will have the chance to state why they believe the case should be dismissed. From there, the judge will decide whether the case has a valid reason for moving forward. If so, the request will be carefully considered and the judge will determine whether to honor the petition for modification. At every step of the process, the child’s best interest will remain the top priority. Many parents find that enlisting the guidance and support of a highly experienced and dedicated Seattle family law attorney is the best way to move through the modification process with greater understanding and clarity.
Frequently Asked Questions (FAQs) About Parenting Plan Modification Requests in Washington State
Can We Modify a Parenting Plan Without Going to Court?
Yes, as long as both parties agree to the proposed changes and submit an agreed motion for a new parenting plan order.
What Qualifies as a Valid Reason to Change a Parenting Plan?
The court needs to see evidence of a substantial change in circumstances in order to approve a parenting plan modification request. The relocation of a parent, concerns about a parent’s unsafe living environment, and other significant changes in the child or parent’s circumstances can all prompt a modification request in Washington state.
Get Started With a Top Seattle Family Law Firm Today
At the Hemmat Law Group, we believe in forging meaningful and lasting relationships with every client we serve. We recognize how overwhelming and sensitive family-related disputes can be, which is why we will always treat you with the empathy, attention, and respect you need during this challenging time. If you have questions about parenting plan modifications or any other family law matters, please reach out to our Seattle, Washington office today by calling (206) 682-5200 to get started with an experienced and trusted child custody attorney.