Posted On May 24, 2024 Child Custody
Can you modify a parenting plan without going to court? The short answer is yes, you can create an enforceable child custody agreement without court, as long as both parents agree on the terms. The court will still be involved to some degree; it’s just that you won’t have to actually go to court to modify your arrangement.
Child custody doesn’t just involve the child’s physical custody. It also involves legal custody, meaning who will make critical decisions about the child’s life after the divorce. That means where they will attend school, whether they can try out for the football team, whether they will go to church, and more.
Washington family law requires a change in circumstances before you can modify child custody arrangements. Part of the reason for this rule is to avoid clogging the courts with modification requests that represent whims rather than actual needs.
Below is a list of some of the changes in circumstances that will likely justify a modification in child custody arrangements:
There are many other factors that might justify a change in custody arrangements.
If you want to avoid going to court to modify custody arrangements, both parents must agree in writing on every aspect of custody that is being changed.
Mediation can be a very effective way to break a stalemate concerning the modification of child custody. Mediators cannot force anyone to agree, but they can use their skills to facilitate an agreement that might have been impossible otherwise. This can keep you out of court.
To stand a chance at winning judicial approval of your request to modify child custody, you need to draft a parenting plan that covers all the bases. Your best bet is to have a Washington family lawyer draft it for you since a single error could result in a denial of your request.
To render the agreement enforceable, you must sign the agreement, have the other parent sign it, and submit it to the court clerk. Once the judge approves it, it becomes enforceable.
As always, the “best interests of the child” prevails over the best interests of either parent or both of your interests put together. That is precisely why the judge must approve your parenting plan.
The fact that this approval doesn’t necessarily require a hearing is why it is possible to modify child custody without going to court.
When deciding whether to approve your petition to modify child custody, the judge will consider the following factors, among others:
A judge will weigh all of these factors and more. There is no formula.
A change in the identity of the custodial parent is going to affect the parents’ respective child support obligations. More specifically, the new non-custodial parent will probably have to pay child support to the custodial parent.
This isn’t necessarily the case, however, if there is a significant income disparity between the two parents.
To learn more and get the help you deserve, call our child custody lawyers or reach out to Twyford Law Office online by visiting our contact us page.
We serve in King County and Spokane County in Washington and its surrounding areas. You can also visit our offices. We are conveniently located in Seattle, Spokane & Bellevue:
Twyford Law Office – Seattle Office
814 Second Avenue, Suite 515,
Seattle, WA 98104
(206) 590-7085
Twyford Law Office – Spokane Office
430 W Indiana Ave,
Spokane, WA 99205.
(509) 327 0777
Twyford Law Office – Bellevue Office
1408 140th Pl NE Suite 400,
Bellevue, WA 98007
(425) 517-3350
Our Seattle Office
814 Second Avenue 515,
Seattle, WA 98104
(206) 590-7085
Our Spokane Office
430 W Indiana Ave,
Spokane, WA 99205
(509) 327 0777
Our Bellevue Office
1408 140th Place NE, Suite 400,
Bellevue, WA 98007
(425) 517 3350.
