03 Feb Ways To Modify Parenting Plans in Washington State
The parenting plan you and your ex agreed to at the start of your split might not reflect the lives you currently live. Perhaps one or both of you switched jobs, got laid off, moved away, or something else. Life can and does change, and courts know this. That is why there are reasons and ways to modify parenting plans. Below, we explore what this looks like in Washington State.
Establish Adequate Cause
To modify a parenting plan, you must first establish adequate cause. Washington courts prioritize stability for children, so changes are only approved when there is a significant reason. Adequate cause typically involves a substantial change in circumstances affecting the child or the non-moving parent, such as these:
- the other parent allowing the child to live with you for a significant period
- the current living environment posing risks to the child’s physical, mental, or emotional safety
- the other parent being held in contempt of court (e.g., failing to follow the residential schedule)
- a parent relocating a significant distance, making the current plan unworkable
- a parent losing, decreasing, or increasing their income
- a parent having more children
- etc.
If adequate cause is proven, the case moves to a hearing where the judge determines if the modification is in the child’s best interest.
Relocation and Parenting Plans
As we mentioned, relocation is a common reason for modification. If you plan to move outside your child’s current school district, you must provide the other parent with at least 60 days’ notice. The other parent can object, prompting a court hearing. Judges consider factors like the child’s relationship with each parent, reasons for moving, and the impact on the child’s stability. Failure to follow proper notice procedures can harm your case.
Emergency Situations
In cases where a child is in immediate danger due to issues like abuse, neglect, or drug use, you may need to seek an immediate restraining order alongside your modification petition. Courts require solid evidence, such as police reports or CPS findings, to issue these orders.
Agreement Between Parents
The easiest way to modify a parenting plan is through agreement. If both parents consent to changes, you can file a joint petition. However, even with mutual agreement, a new court order must be signed by a judge to make it legally binding.
Seek Professional Guidance
Modifying a parenting plan in Washington State is possible and a common need for many co-parents, but it’s not something you should undertake alone. Whether you are requesting a minor adjustment or a major change, professional guidance is necessary to navigate the process smoothly and legally.
At LaCoste Family Law, we practice family law in Tri-Cities, WA, serving families in Kennewick, Pasco, and Richland. Our goal is to advocate for fair agreements that ensure your children’s best interests are protected. Contact us today to request a consultation and secure a plan that works for your family.