Posted On July 18, 2022 Child Custody,Parenting Plans
To modify a parenting plan in Washington, you must be able to convince the court that a substantial change has occurred. Once custody arrangements are established, judges are very hesitant about making significant changes. Our Spokane parenting plan attorneys are here to help.
The parent seeking a parenting plan modification must first file paperwork with the court, including a “Petition for Modification of Adjustment of Child Custody Decree/Parenting Plan.” The changes the parent is seeking must be specified on the petition, how they are in the child’s best interests, as well as the substantial change that occurred.
Adequate Cause Hearing
After reviewing the forms requesting a modification, a judge will schedule an “adequate cause hearing,” also referred to as a “threshold hearing.” Both parents must attend, and the parent requesting the change must prove adequate cause for the modification. However, the other parent will have an opportunity to present a written declaration in support or opposition to the change. If the court is convinced that there is adequate cause, another hearing will be set to determine whether the modification is appropriate. Otherwise, the court will deny the request to change the parenting plan.
At the full hearing on the modification petition, a judge will consider the child’s best interests before making a decision. For example, the following factors may be taken into account:
If the judge finds that the modification has advantages that outweigh any negatives, they will likely allow it. However, if the parents disagree with the modification, the judge may choose to temporarily grant the change and let the case proceed to mediation. At that point, the parents can either reach a mutual agreement or choose to head to trial.
A minor modification to a parenting plan is a small change, such as requesting different scheduled visitation days of the week or weekends in the month. The child’s scheduled residence does not change the majority of the time. For the modification to be minor, it also cannot exceed 24 full days in a calendar year and should be based on an involuntary change in work schedule or change in residence. For a judge to approve a minor modification, there must still be a substantial change, but the above factors do not have to be considered.
There are some instances where a judge may order you to pay the other parent’s attorney’s fees if you lose your request to modify a parenting plan. For example, if your petition was pursued in bad faith (e.g., to harass the other parent). However, if you had adequate cause for the modification, then you would not be considered to have acted in bad faith.
To schedule a free consultation with one of our skilled Spokane parenting plan lawyers, call Twyford Law Office at (509) 327-0777 or contact us online today.
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.
