After a divorce, you are no longer a spouse, but you are still a parent. You want to protect your kids and your parenting rights. A Camas family lawyer can help you develop a parenting plan that honors your relationship with your kids and fits your new family situation.
The team at Dellino Family Law has over 180 years of combined legal experience. We have worked with parents going through both amicable and high-conflict divorces. A parenting plans lawyer in Camas from our firm can work to design a parenting plan that’s best for you and your children.
A Parenting Plans Attorney in Camas Can Help Create a Plan That Works for Your Family
Families change after a divorce, and creating the right parenting plan for your family is crucial. Parenting plans affect your contact and relationship with, and influence on, your children.
Physical Custody
Physical custody refers to where and with whom a child lives after a divorce. Some parents agree to arrangements giving the child equal living time with each parent. Other times, one parent serves as the custodial parent, or the primary caregiver, and the child mainly lives with that parent. The other parent gets visitation.
Visitation Rights
Parenting plans can establish the non-custodial parent’s visitation schedule with the child. For example, the child may spend a certain number of weekends per month with the non-custodial parent. They may spend a weeknight evening or two with that parent as well.
Legal Custody
Legal custody gives a parent the right to make important life decisions for the child. These decisions could address matters of education, health, or religion, for example. Parents can share legal custody even if one parent has primary physical custody.
Special Occasions
Parenting plans clarify where children spend holidays, birthdays, school breaks, and other special occasions. Having schedules for these important dates established in a court order allows families to plan ahead and avoid conflict.
Parenting plans do not address child support. The court decides each parent’s financial contribution to the child’s needs through a separate order. A Camas parenting plans attorney can help you consider all parenting-plan-related issues, so you can create one that serves your family best.
The Steps for Formalizing a Parenting Plan
About 30-60 days after you or your spouse files for divorce, you’ll attend a custody hearing. An attorney will explain what to expect at a first custody hearing. Its purpose is to establish a temporary custody arrangement while you work through divorce proceedings. Some divorces resolve quickly, but others take months or years to finalize, and parents need a plan in the interim.
Some spouses agree on co-parenting arrangements and arrive at a parenting agreement without conflict. As long as the agreement serves “the best interests of the child,” which is the standard set in RCW 26.09.002, the court will likely approve the plan.
Not all discussions go smoothly. You and your spouse may have different ideas on what is best for your child. Dellino Family Law can help you work through disputes and protect your parenting rights. If the court orders mediation, we can offer guidance and advocacy through that process. The plan becomes official after the court approves it and issues your divorce decree.
Why You Need to Follow a Parenting Plan
A parenting plans attorney in Camas will go over the plan with you, making sure you understand every detail. There are consequences of not following a parenting plan, both civil and, potentially, criminal. Examples of failing to follow a parenting plan include:
- Failing to return a child after a scheduled visit
- Denying the other parent time with the child without a valid reason
- Failing to pick up a child on time for visitation
- Making decisions for the child without involving the other parent, when the court ordered joint legal custody
- Relocating the child without court approval
The family court can hold the non-compliant parent in contempt. The parent may have to pay fines, may see their custody or visitation adjusted or revoked, and/or have to pay the other parent’s attorney’s fees. Some violations or repeated offenses may lead to criminal charges and penalties.
When Your Co-Parent Violates the Parenting Plan
If your ex violates the parenting plan, don’t retaliate on your own. If you talk to your ex, keep your comments brief and factual. Avoid getting into an argument. You could say things your ex could later use against you.
Instead, document every violation. Document late or missed pickups or drop-offs. Keep all texts, emails, voicemails, or other communications from your ex that show evidence of their non-compliance.
Then, talk to your attorney. We know how to build a case for contempt when necessary.
A Parenting Plans Attorney in Camas Can Help You Modify a Parenting Plan
While you can unofficially modify a parenting plan without going to court, changes are only legal when approved by the court. Making a temporary change may work for you and your spouse. For example, you might change a visitation weekend to suit your schedules. If that adjustment needs to be permanent, go through the court.
Always document temporary or even one-time adjustments. Have evidence of both spouses’ understanding of the change in writing, perhaps through text or email. This documentation can protect you should your spouse later accuse you of making changes without permission.
The court allows plan modifications if substantial changes in circumstances warrant them, per RCW 26.09.260. A Camas parenting plans lawyer can take your request through the process, starting with completing Court Forms: petition to change a parenting plan/residential, or present your position against the modification if you disagree with your ex’s request.
We Want the Best for Your Family
A Camas parenting plans lawyer from Dellino Family Law is here to set you up with a parenting plan that works for you and your kids.
Our goal is to help you maintain a strong, healthy parent-child relationship despite changes in your family situation. You can trust our attorneys to provide you with exceptional service, representation, and loyal support.