Why do you need to change your Washington Parenting Plan?

Changing a Washington parenting plan is a common desire, but often seems unrealistic for most people. Many believe that the task of changing a parenting plan or handling any type of child custody issue is beyond what they can handle. It is true that child custody laws can be difficult to navigate. Determining your rights in a child custody dispute can be even more of a challenge. This article should help you to understand some of the fundamentals of the custody laws for Washington State.

The laws on child custody are vast, but most people can figure out what they need to do by assessing a few basic points. Before you move on to how you will accomplish the task of changing child custody, you must first determine why you want to change your child custody order/parenting plan. Answering the why, will help you determine the how.

Washington Courts do not Want to Change Parenting Plans

Unless they have to. With this in mind, you have to be certain that your reasons for changing the parenting plan are solid. Changing a child custody order/parenting plan falls in to one of two categories. The first category is considered a minor changer to a custody order/parenting plan; the second is considered a major change to a custody order/parenting plan. We will briefly cover both of these scenarios.

Minor Parenting Plan Modification

Making a minor change to your child custody order/parenting plan can be a very simple process. The catch is that you need to qualify for it. Qualifying for a minor modification of a parenting plan follows the same logic required in some situations for modifying a child support order. Specifically, you must show a substantial change in circumstances of either parent or the child. You will want to look at Wash. Rev. Code §26.09.260(5) et seq.

Minor modifications are particularly useful for small changes to the residential time provision in a parenting plan. For instance, if either parent’s work schedules changes and the parenting plan becomes unworkable, either party may file for a minor modification of the parenting plan. There are other rules to follow as well. For instance, the minor change to the child custody order/parenting plan may not change the current plan so much that it exceeds 24 days in a calendar year. Wash Rev. Code § 26.09.260(5)(a) establishes this rule.

Major Parenting Plan Modification

In a perfect world, everyone would require a simple minor change to their child custody order/parenting plan. Unfortunately we live in the real world, not a perfect one. When you realize that you need a major overhaul to your custody order/parenting plan, you will need to assess your case and make sure it is strong. You essentially have 3 specific reasons that you could use to change the parenting plan, and one wide-ranging reason that you could use to change the parenting plan. I will list the reasons next.

The first reason to change your child custody order/parenting plan is if you and the other parent agree. This is the easiest and most cost-effective route of making a major change to a parenting plan. Next, if the custodial parent (for the purposes of the parenting plan) has allowed one or more of the children to live with the non-custodial parent, the child custody order/parenting plan could be changed to reflect the new living arrangement. Next, if the other party has been found in contempt of court at least twice in the last 3 years for failure to comply with the parenting plan, the order may be modified. Finally, if the child’s present environment is detrimental to their physical health, mental health, or emotional health, the child custody order/parenting plan could be changed to protect the interests of the child. Of course, the last option is comprehensive and varies greatly. You should look at Wash. Rev. Code § 26.09.260 if you want more specifics.

With this basic information, you should be ready to begin looking at your situation and determining whether you have a strong enough case to change your Washington custody order/parenting plan.