You may be able to modify the parenting plan without going to court, but you still need court approval to make the adjustments legal.
To protect your relationship with your child and your standing with the court, talk to a Seattle child custody lawyer before implementing any parenting plan changes.
What Parenting Plans Determine
A parenting plan establishes matters of residency and decision-making. Some states use “physical custody” and “legal custody” to refer to these issues.
Parenting plans document where and with which parent the child lives, and the extent to which each parent is involved in making decisions about education, health, religion, and other important issues for the children.
Making Major or Minor Changes to a Parenting Plan
As circumstances change, you may see a need to make parenting plan modifications. The Revised Code of Washington (RCW) 26.09.260 allows for parenting plan changes if “a substantial change in circumstances” has occurred and the change serves the child’s best interests.
The court categorizes changes as “major” or “minor” modifications. A major modification changes the child’s primary residence and the primary custodial parent.
A minor change may adjust a parent’s visitation time after a work-schedule change, or allow for children to observe a religious holiday with a parent who has joined a new faith.
Relinquishing Child Custody
A parent may think it’s best not to have involvement in their child’s life. The court takes parenting responsibilities and the child’s best interests seriously.
Therefore, a parent cannot give up custody without court approval in WA. There is no way to sign away parental rights without filing the appropriate termination and reinstatement of parent-child relationship mandatory pattern forms.
How to Modify a Parenting Plan Without Going to Court
There are options for changing a parenting plan without going to court.
Mutual Agreement
You and your ex may reach an agreement on a new schedule. You can document the changes by following the instructions on how to fill out the modification/adjustment of custody decree forms. Completing this process with an attorney can help you avoid errors or agree to terms you may later regret.
Then, sign the forms before a notary and submit the documents to the court for review. If the judge approves, the new agreement becomes the official order.
Mediation
You and your ex may not agree on all areas, but want to avoid a stressful court situation. Working with a mediator can help you work through areas of conflict.
Again, having an attorney’s advocacy during mediation is in your best interests. The mediator can help finalize a new plan, which you’ll then submit to the court for approval.
Involving the Court for Informal Parenting Plan Modifications
You don’t necessarily have to involve the court for one-time or once-in-a-while changes to your parenting plan. For example, parents may want to make changes during holiday or summer breaks from school. One parent may ask to “switch” weekends or adjust an exchange time to accommodate a temporary schedule change. The court doesn’t have to approve these changes.
Still, consider your situation before making these informal changes. Amicable exes and supportive co-parents can make these changes without a problem, though it’s still a good idea to record adjustments.
The record ensures you’ll remember the schedule change and could be important if your relationship with your ex takes a negative turn. If you went through a high-conflict divorce, it may be best to stick to the official plan. Talk to an attorney before agreeing to informal changes to avoid future conflict.
Why You May Need to Go to Court to Modify Your Parenting Plan
If you and your ex do not agree to parenting plan changes, you’ll likely need to go to court. The party requesting the change must fill out the court form: Petition to Change a Parenting Plan/Residential Schedule. Then, a third party must “serve” the other parent with the petition for change.
The court will hold an “adequate case” hearing to decide if the request for modification has legal merit. If the judge agrees there are grounds for a change, the case proceeds to trial. At trial, you need to show:
- There has been a substantial change in circumstances
- The present parenting agreement does not support the child’s well-being
- The modifications requested serve the child’s best interests
- The change will be more beneficial than harmful to the child
An experienced attorney can help you present your case to the court. If you oppose your ex’s request for a change, an attorney can help you fight the modification request.
It Could Be Dangerous to Modify a Parenting Plan Without Involving the Court
You cannot implement anything other than informal changes to a parenting plan without court approval. There can be serious consequences of not following a parenting plan, both civil and criminal. A parent could face consequences for:
- Refusing to return a child after scheduled visitation
- Denying the other parent their court-ordered time with the child
- Repeatedly showing up late to parenting exchanges
- Relocating the child outside the geographical limits established in the parenting order
- Making important decisions for the child without the other parent’s input
Violations could put you in contempt of family court. You may have to pay fines. The parenting plan may be adjusted, and not in your favor. You could also be held in contempt of criminal court and face criminal penalties, including incarceration.
When Modifying a Parenting Plan Is an Emergency
You may discover that the other parent presents a danger to your child. When this happens, there isn’t time to go through a court process. An experienced attorney knows how to get emergency custody of a child. We can work quickly to gather evidence and fill out the needed forms. Courts usually review the requests fast to ensure the child’s safety.
We’re Here to Protect Your Relationship With Your Child
Dellino Family Law can explain when you can modify a parenting plan without going to court and when you need to take your petition to court. We are here to answer all your parenting plan questions and can help you follow the process that fits your situation.