What Is a Temporary Parenting Plan and How Long Does It Last in Washington State?

The divorce process is understandably complicated and disruptive, even for those who have agreed to part on relatively amicable terms. The sheer number of critical decisions the couple must make takes time and focus so that both parties are able to walk away from the marriage with the solid foundations they need to begin the next chapters of their lives. Divorcing couples who have children must make many other decisions during this process, addressing key questions like where the child will reside for the majority of the time and for how long. One of the most important aspects of the divorce process in Washington state is establishing a parenting plan, which sets forth the key details about custody, visitation, decision-making, and dispute resolution plans, among many other considerations. Although both parents want to do what is best for their children, disputes often arise during this process, many of which can escalate into highly emotional and heated disagreements. Many parents find it helpful to enlist the support of a qualified and experienced Seattle family law and child custody attorney who can support them through this challenging process. 

As you approach the divorce or legal separation process in the greater Seattle area, you may hear terms like child custody, parenting plans, and temporary parenting plans tossed around. Generally speaking, Washington does not use the term child custody—instead, the term “parenting plan” is used to refer to the process of ensuring that the child’s best interests are prioritized during the divorce process and that both parents are able to play an active role in raising the child. Today, we will look at temporary parenting plans in Washington, how long they usually last, and how partnering with a dedicated and caring Seattle parenting plan lawyer is highly encouraged to ensure that you and your child enjoy a bright and secure future. 

What Is Included in a Short-Term Parenting Plan in Washington State?

First, it’s important to understand the purpose of temporary parenting plans in Washington state. According to the Northwest Justice Project, “Family law cases can take many months from start to finish. Temporary orders, including temporary Parenting Plans, put rules in place for the short-term while the case is in progress.” In other words, these temporary plans are intended to minimise immediate conflict and confusion between the parents and provide stability for children during divorce proceedings. Once the divorce is finalized, a permanent parenting plan will be put into place. Below are just a few of the topics that are included and addressed in a temporary parenting plan in Washington state.

Information About The Children

The temporary parenting plan planning document asks you to provide the names and ages of the children, as well as the names of the adults who lived with the children (as well as which county or state and for how long). The document also asks you to list the children’s weekly schedule, providing details about their school or childcare attendance and any other activities they participate in during the week. 

Details About Parental Responsibilities and Involvement

You will need to respond to a checklist that includes statements about your role as a parent. For instance, you will need to respond with a “yes” or “no” to statements like “I have a loving and stable relationship with the children” and “I attend to the children’s education, including any necessary remedial or other education,” among other statements. You will also need to provide your current weekly work schedule and how long you have held your current position. 

Information About the Other Parent

The parent who completes the temporary parenting plan petition needs to respond to “yes” and “no” statements regarding the other parent’s parental involvement and existing relationship with the children. You will need to provide details about the other parent’s work schedule and voice any concerns you may have about the other parent’s fitness or ability to care for the children (i.e., concerns about neglect, abuse, or abandonment). 

When And How to Request a Temporary Parenting Plan in Washington

The divorce process can take months to complete, and this time can be chaotic and confusing for parents and children alike. The goal of putting a temporary parenting plan in place is to clarify parental roles and to ensure that the children are cared for during this disruptive period. In contested divorces, the parents may need to take the case to trial in order to obtain a fair and equitable resolution. Litigation can take months (or even over a year or more) to conclude, so the need for a clear temporary parenting plan becomes essential. When you file for divorce, either party can file for a temporary custody order with the family court. The parents can either present the court with an agreed-upon parenting plan (which the judge will likely approve, as long as it supports the child’s best interests) or one parent will file the petition for the court to review and determine the terms of the temporary parenting plan. When assessing whether to approve a temporary parenting plan in Washington, the judge will weigh several factors, such as those outlined under RCW 26.09.197:

• The child’s relationship with each parent
• The developmental and emotional needs of the child
• Each parent’s past involvement in raising the child
• The child’s relationships with any siblings or other adults
• The potential for each parent to perform parenting responsibilities in the future

Depending on the child’s age and maturity level, they can express their preferences or wishes to the court. The judge may take their wishes into account when establishing the terms of a temporary parenting plan. 

How Long Does a Temporary Parenting Plan Last in King County?

Since temporary parenting plans are designed to support the child’s best interests during the divorce process, this temporary order will expire once an agreement or settlement is reached. As the divorce process moves forward, the terms of the permanent parenting plans will be addressed and established, so it’s worth noting that the temporary parenting plan will not automatically become the permanent parenting plan. Instead, the parties will have the opportunity to review the terms of the permanent parenting plan to ensure that it sufficiently protects the child’s best interests and sets forth clear parental, custodial, and visitation roles and responsibilities for each parent. It can be helpful to think about the temporary parenting plan as a “test run,” as you and the other parent can assess what works well and what changes need to be made before the permanent parenting plan is put into effect. To learn more about the Washington child custody timeline, consider reaching out to a highly qualified and dedicated Seattle family law attorney for the customized legal support and guidance you need during this challenging time.

What is an Emergency Parenting Plan in Washington State?

Washington courts recognize that some situations require additional protections for vulnerable children during the upheaval of divorce. If the child’s safety is at risk, a parent can file an emergency custody order (also referred to as an immediate restraining order or an ex parte order) to protect the child from immediate danger at the hands of the other parent. When you file the petition, you can identify the nature of the threat that is putting your child at risk, such as threatened violence, imminent abduction, or severe abuse or neglect, if they are under the care or custody of the other parent. The court takes these petitions seriously, so it’s essential that you move through this process as quickly as possible to ensure that your child remains safe. Partnering with a highly skilled and knowledgeable Seattle family law attorney is the best way for you to understand your options and to move forward with the clarity you need. 

Modifying Washington Custody Orders and Parenting Plans

Once a temporary parenting plan is put in place, the parents are required to adhere to the terms. If the other parent does not comply with the order or violates the terms in some way, you have the right to file a motion for contempt with the court. In cases where a parent’s circumstances change or the needs of the child are no longer served by the terms of the temporary or permanent order, you can petition the court for a parenting plan modification. You can learn more about parenting plan modifications when you reach out to a trusted Seattle family law attorney. 

Frequently Asked Questions (FAQs) About Parenting Plans in Washington State

Can We Agree on a Temporary Parenting Plan Without Going to Court?

Yes, the court will review the terms of the temporary parenting plan you file and approve it (as long as it protects the best interests of your child).

What Happens If My Ex Violates the Temporary Parenting Plan?

You can file a motion for contempt with the court. The judge will review the specific details and enforce penalties if appropriate. 

Get Started With Seattle’s Trusted Family Law Firm Today

Disputes that involve your children can be particularly challenging and highly emotional. At the Hemmat Law Group, our team of highly qualified and caring divorce and family law attorneys is ready to help you and your loved ones resolve child custody and parenting plan disputes as smoothly as possible. Please reach out to our Seattle, Washington office today by calling (206) 682-5200 to discuss your concerns with a trusted and experienced child custody and family law attorney.