Good parents want what is best for their children. However, good parents can also disagree about exactly what that means. Through the family court system, parents can establish a legally binding parenting plan designed to serve the best interests of their child.
Sometimes circumstances change. In those cases, you may wish to make important alterations to your child’s parenting plan. A Seattle parenting plan modifications lawyer can help you understand your rights and represent you through the legal process.
At Dellino Family Law, our team has over 180 years of combined experience helping families solve difficult parenting issues. Contact us today for a consultation and let us know how our Seattle parenting plans lawyers can assist you.
Do You Need an Attorney for a Parenting Plan Modification?
It is a good idea to consult with an attorney whenever you are considering modifications to your existing parenting plan. In some cases, you may only need minor assistance; in others, the help of a skilled attorney may be essential throughout the process.
You should strongly consider hiring a Seattle family lawyer when your proposed changes are contested or involve complex issues. If the other parent disagrees with the modification, a Seattle parenting plan modification attorney can help you build a stronger case.
Legal representation is particularly important if there are concerns about domestic violence, substance abuse, or illegal activity in the home.
If there are any suspicions of child abuse, an attorney can help you pursue emergency orders to protect the child’s safety.
How Our Lawyers Can Help
Our parenting plan modifications lawyers in Seattle can discuss your case and offer advice on what you can expect. Some of the ways our attorney may be able to assist you include:
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- Help you understand your rights
- Explain Washington State laws and regulations
- Make sure your petition is complete, legally correct, and filed properly
- Advocate for you in hearings
- Negotiate on your behalf
- Assist in resolving conflicts through mediation
The service of an experienced attorney is especially important in cases where there is a history of extreme conflict in previous custody disputes.
What Is a Parenting Plan Modification?
A final parenting plan is issued by the court when your divorce and child custody settlements are completed. The parenting plan may have been jointly agreed upon or may have been imposed by the court if you and your co-parent were unable to agree.
The parenting plan is intended to meet your child’s needs and best interests. However, life circumstances may shift, and one or both parents may want to make changes to the parenting plan.
This must be done through a court procedure known as a parenting plan modification, and some specific rules and laws govern the process.
When Can a Parenting Plan Be Modified?
Washington State allows modifications of final parenting plans under certain circumstances only. In Washington, the best interest of the child standard is paramount in domestic relations law.
It is not in the child’s best interest to allow for serial litigation once a final parenting plan is in place. However, it would also not be in the child’s best interest to disallow change if it is legitimately warranted.
Some examples of when a parenting plan can be modified include:
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- Relocation of a parent (especially if it impacts school enrollment or access to the child)
- Domestic violence or protection orders
- Change in the child’s needs, such as medical, developmental, or educational changes
- Repeated interference with visitation or failure to comply with the parenting plan
- Substance abuse, mental health issues, or criminal activity involving a parent
- Involuntary job loss or work schedule changes significantly affecting a parent’s ability to comply
- Neglect or abuse (emotional, physical, or otherwise) by a parent or someone in their household
Examples of things that usually don’t qualify for a modification include:
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- A parent voluntarily moving without good reason
- A child aging into a new school grade or maturing generally
- Desire of the child to change homes, unless tied to serious issues
- Normal job changes or life adjustments
- Minor disagreements about extracurriculars or parenting style
How Does a Parent Pursue a Parenting Plan Modification?
Either or both parents may petition the court for the modification of a parenting plan. However, the legal basis or grounds for a parenting plan modification is governed primarily by harm/benefit analysis.
According to law, a modification may be requested if a substantial change in circumstances has occurred in the life of the child or the other parent since the prior decree or plan was entered, or if circumstances were unknown to the Court at the time of the entry of the parenting plan.
Other reasons for modification could be if the court finds the non-petitioning parent in contempt of court at least twice within three years because the parent failed to comply with the residential time provisions in the court-ordered parenting plan.
It may also be considered if the parent has been convicted of custodial interference.
The Parental Plan Modification Hearing
In all cases, the modification must demonstrate legal merit and be necessary to serve the best interests of the child. A preliminary adequate case hearing is held to determine whether or not there is legal merit to proceed with the petition for modification.
If the court does not determine that there is an adequate need for modification to proceed, the case will be dismissed. The assistance of a parenting plan modifications attorney in Seattle can help ensure you make your case as thorough as possible.
In some cases, before the modification request can move forward, it needs to be shown in this initial hearing that the requested change is necessary due to the significant potential of harm to the child if the change does not occur.
What Are Major and Minor Parenting Plan Modifications?
Washington State law defines the difference between major and minor parenting plan modifications according to the number of days the requested change would make to the child’s current residential schedule.
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- Major modification, which results in changing the primary residence and primary custodial parent, carries a greater burden of proof.
- Minor modifications may include non-residential changes to the plan.
Both minor and major parenting plan modifications require a thorough understanding and expertise about the ins and outs of the legal process, as well as all of the relevant statutes.
Can You Modify a Parenting Plan in Seattle Without Going to Court?
If both parents are willing to do so, they can agree to a change in the parenting plan through mediation. Your attorney can assist you through the process and make sure your perspective is represented.
Mediation is typically less expensive, less time-consuming, and less stressful than going to family court to resolve your issues. Your lawyer can advise you whether it is best to seek a resolution through mediation or a court petition.
Get Help From a Seattle Parenting Plan Modifications Attorney
Constant legal battles are rarely in the best interest of a child caught between two parents with differing ideas on what is in their best interests.
However, it is also not acceptable to let harmful circumstances go unaddressed when there is a mechanism for change.
Our Seattle parenting plan modifications attorneys can help you understand your rights, explain the process of petitioning for alterations in the parenting plan, and represent you through the process.
Our team at Dellino Family Law Group has been working to help families live better lives since 2013. We have the expertise, knowledge, and compassion to help achieve results that are in the best interest of you and your children.
Contact us today and tell us your story.
