Through the family court system, parents who live apart often enter into parenting plans. These are legally binding agreements that determine how parents will share responsibilities, visitation, and other aspects of child care.
Although this agreement is established in the best interests of the child above all else, life changes may require an alteration of the parenting plan. A Bellevue parenting plan modification lawyer can help you through the legal process and make the necessary changes.
Our Bellevue family lawyers at Dellino Family Law have over 180 years of combined experience advocating for families and children. Contact us today and find out how we can help.
Is an Attorney Required for a Parenting Plan Modification?
While not technically required by law, it is smart to consult with an attorney if you wish to make a change to an existing parenting plan. This is especially important if you anticipate pushback from the other parent, if the situation is complex, or if you suspect your child could be in danger.
An attorney who works with family law understands Washington State laws and regulations and has experience working with complicated cases. We can help you understand your situation better and prepare you for what to expect throughout the process.
Our Bellevue parenting plan modification attorneys can ensure your petition is properly completed and filed, represent you in court, and assist with negotiation, mediation, or other forms of conflict resolution.
When Is Parenting Plan Modification Permitted in Bellevue?
The Washington State family court system normally expects parents to stick to the terms of their existing parenting plan and does not readily intervene in every disagreement. Constant litigation is not generally helpful for a child.
Courts place a high value on stability, so once a parenting plan is established, modifications are only considered under very specific circumstances. However, there are situations where a modification is appropriate and necessary to better serve the child’s needs.
Under RCW 26.09.260, Washington State law sets the standard for modifying a parenting plan. To merit revisiting previous orders and adjustments to the parenting plan, a substantial change in circumstances affecting the child or a parent has to occur.
What Is a Substantial Change?
The court will determine if a change is significant enough to allow a modification to the parenting plan. Your attorney can help you make a strong case that proves your position. Examples of substantial changes can include things like:
- One parent relocating (especially if it impacts school enrollment or access to the child)
- Changes in the child’s physical or emotional needs, such as medical, developmental, or educational changes
- Involuntary job loss or work schedule changes significantly affecting a parent’s ability to comply
- Substance abuse, mental health issues, or criminal activity involving a parent
- Neglect or abuse (emotional, physical, or otherwise) by a parent or someone in their household
- Repeated interference with visitation or failure to comply with the parenting plan
- Domestic violence or protection orders
The court will also consider if the proposed modification serves the best interests of the child, which is the most important principle in all parenting plan decisions.
How Does a Parent Initiate a Parenting Plan Modification?
Requesting a change to an existing parenting plan requires a petition to the Superior Court in the county where the original order was issued. Before beginning, it is a good idea to speak with a parenting plan modifications lawyer in Bellevue.
We can advise you whether your case meets the criteria for a court to consider granting your change and help you assemble evidence to prove your case. We can also make sure the appropriate forms are completed and submitted properly.
Preliminary Adequate Case Hearings
Your petition for modification must show that a change to the child’s parenting plan is necessary for the well-being of the child.
You will need to attend a preliminary adequate case hearing to determine this. If you fail this step, the court will dismiss your petition.
Temporary Orders Hearings
Note that cases of best interest for a child can also include situations where harm may come to a child if the court does not intervene. In these cases, the judge may issue temporary protective orders or custody arrangements until a permanent decision can be reached.
Final Hearing
If your case moves past the preliminary hearing stage, you will attend a full hearing where both parents will have the opportunity to present their case. The assistance of an attorney is very helpful at this stage, and can help you cover all points and make your case.
Major and Minor Parenting Plan Modifications
In Washington State, changes to parenting plans are classified as major or minor based on their significance. Generally, this classification depends on how many days the alteration would affect the child’s current residential schedule.
- A major modification entails significant changes, such as changing the child’s primary residence or greatly altering the parenting schedule.
- Minor modifications include small adjustments that do not impact the child’s primary residence or greatly reduce a parent’s time.
Major modifications are more difficult to attain and involve stricter legal standards. Minor changes have a lower legal standard and are often easier to settle, sometimes without requiring a court hearing.
Alternatives to Going to Court
Mediation can be an effective method of conflict resolution and an alternative to the full courtroom hearing process. Usually, mediation is faster, less time-consuming, and less expensive, but it requires cooperation between parties.
Mediation is a process where a neutral third party can help you reach a voluntary agreement.
Your attorney can advise you if mediation may be an option in your case and then help you through the proceedings.
Get Help From a Bellevue Parenting Plan Modifications Attorney
When parents disagree, there must be legal protections, such as parenting plans, that ensure the best interests of the child are safeguarded at all times.
However, it is also important that there is a way to alter parenting plans at times when a significant change occurs.
If you believe it is in your child’s best interest to change an existing parenting plan, our Bellevue parenting plan modifications attorneys can help you understand your rights under Washington State law and make your case in family court.
Since 2013, our lawyers at Dellino Family Law have been helping families resolve conflicts and move forward in their lives. Contact us for a consultation to discuss your case.