Modify Child Custody or Parenting Plan in Washington
If you have an existing court order for child custody (known as a Parenting Plan) and parenting time (often referred to as visitation) and need to make changes, you must obtain a new court order. The process for modifying your Parenting Plan in Washington depends on whether the other parent agrees to the modification.
When Both Parents Agree to Modify the Parenting Plan
If you and the other parent can mutually agree on the changes to your Parenting Plan, the modification process is typically straightforward:
- Draft a New Parenting Plan
Collaborate with your spouse to outline the new terms for custody and parenting time. This plan should address all aspects you wish to modify, such as schedules, decision-making responsibilities, and any other relevant factors.
- Complete the Required Forms
Fill out the necessary forms to request a modification. This usually includes a Petition to Modify Parenting Plan and the newly agreed-upon Parenting Plan.
- File with the Superior Court
Submit the completed forms to the Superior Court in the county where your original Parenting Plan was established.
- Court Approval
The court will review the proposed changes to ensure they serve the best interests of the child. If approved, a new court order reflecting the modifications will be issued.
When Parents Disagree on Modifying the Parenting Plan
If you and the other parent cannot reach an agreement on the changes, the process becomes more involved:
- File a Petition to Modify Parenting Plan
Submit a Petition to Modify Parenting Plan with the Superior Court, detailing the changes you seek and the reasons for the modification. - Serve the Other Parent
Ensure the other parent is formally served with the petition and any accompanying documents, following Washington’s service rules. - Attend Mediation or Court Hearings
• Mediation: Washington courts often require mediation to help parents reach an amicable agreement.
• Hearing: If mediation is unsuccessful, the case will proceed to a court hearing where a judge will evaluate the circumstances and make a determination. - Demonstrate Changed Circumstances
To justify a modification, you must show that there has been a significant change in circumstances since the original Parenting Plan was established. Examples include:
• Relocation of a parent
• Significant changes in a parent’s work schedule
• Changes in the child’s needs
• Evidence of parental unfitness - Final Decree of Modification
If the court approves the changes, it will issue a new Final Decree of Dissolution that incorporates the modified Parenting Plan.
Important Considerations
- Best Interests of the Child
Washington courts prioritize the best interests of the child in all custody and Parenting Plan decisions. Factors considered include the child’s relationship with each parent, the child’s adjustment to home, school, and community, and each parent’s ability to provide for the child’s needs. - Legal Assistance
Modifying a Parenting Plan can be complex, especially if the other parent is uncooperative. Consulting with a Washington family law attorney can help ensure your rights are protected and that the process proceeds smoothly.
How to Get Help with Modifying Your Parenting Plan
If you need more information on modifying child custody or your Parenting Plan in Washington, please contact us at info@washingtondivorceservice.com. Our team of experienced family law attorneys can provide tailored assistance to help you navigate through these complexities.