Parenting Plan Roadmap
Parenting plans serve as a roadmap for how parents will raise their children after divorce or separation. However, as life circumstances change, so too may your ability to adhere to the original parenting plan. Whether it’s a new job, a move, or a significant change in your child’s needs, you may find yourself needing to modify the plan. In this post, we’ll explore when and how to modify a parenting plan in Washington State, what the courts look for, and how to ensure the process goes as smoothly as possible.
When Can You Modify a Parenting Plan in Washington?
Washington State courts take parenting plans seriously, as they provide stability for children after their parents separate. Because of this, the courts are generally hesitant to modify a plan unless there is a significant reason to do so. Some of the most common reasons for seeking a modification include:
Parenting Plan Modification Due to Relocation:
If one parent needs to move a considerable distance, this could necessitate a change in the custody or visitation schedule.
Changes in Work Schedule:
A new job with different hours or more demanding responsibilities could make the current parenting plan unworkable.
Changes in the Child’s Needs:
As children grow, their needs may change in unanticipated ways. A parenting plan that worked when your child was five may no longer be suitable when they are a teenager.
Modifying Parenting Plans Due to Safety Concerns:
If one parent’s home has become unsafe due to abuse, substance use, or other issues, a modification may be necessary to protect the child.
The key factor that Washington courts consider when deciding whether to modify a parenting plan is whether there has been a substantial change in circumstances. Minor inconveniences or disagreements between parents are typically not enough to justify a modification.
Types of Parenting Plan Modifications
There are two types of modifications that parents can request: minor modifications and major modifications.
Minor Modifications:
These involve small changes to the parenting plan, such as adjusting the time of pick-ups and drop-offs or rearranging the holiday schedule. Minor modifications can often be made without going to court if both parents agree.
Major Modifications:
These are significant changes, such as altering the primary custody arrangement or changing which parent the child lives with most of the time. Major modifications require more evidence to show that the change is in the best interest of the child and typically involve a court hearing.
Steps to Modify a Parenting Plan
Review the Parenting Plan Dispute Resolution Conditions: Before you take legal action, you may need to follow the dispute resolutions of your existing parenting plan. However, there are circumstances where out of court resolution may not be safe. It is important to talk to an experienced family law attorney to determine the best strategy for your unique circumstances. If both parents agree on the modification, the process can be much smoother and may not require significant court intervention. If you reach an agreement, you can submit a proposed modification to the court for approval.
File a Petition for Modification: If you and your co-parent cannot agree, you’ll need to file a petition for modification with the court. This petition should explain the substantial change in circumstances and why the modification is necessary. The court will review the petition through an adequate cause determination and decide whether to move forward with the modification process.
Prepare for Mediation or a Hearing: In Washington, courts often require parents to attend mediation before a hearing. Mediation gives both parents the opportunity to work out an agreement without going to trial. If mediation is unsuccessful, the case will go to a trial where a judge will make the final decision. It’s important to be prepared with documentation that supports your case, such as evidence of your new work schedule, relocation plans, or changes in your child’s needs.
What the Courts Consider
When deciding whether to approve a modification, Washington courts prioritize the best interests of the child. The judge will consider factors such as:
The child’s relationship with each parent
Each parent’s ability to care for the child
The child’s adjustment to their home, school, and community
Any potential harm caused by changing the current parenting arrangement
It’s important to note that the court will generally favor stability in the child’s life, so the parent requesting the modification must provide strong evidence that the change will benefit the child.
How We Can Help
Life doesn’t always go according to plan, and your parenting plan may need to evolve to meet new circumstances. Whether you’re seeking a minor adjustment or a major change, it’s important to approach the process thoughtfully and with a focus on your child’s well-being. If you need help navigating the complexities of modifying a parenting plan in Washington State, reach out to a family law attorney who can guide you through the process and advocate for your child’s best interests.
For assistance, call us at 206-703-0764 or contact us online to schedule a consultation.
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