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In Washington, if you are going to file for a change of a parenting plan or for a child to spend a majority of their time in your care, you must make a serious comparison. Of course, this is only one area of determining a parenting plan, but it is an essential area.
What are Parenting Functions
Parenting functions are described in RCW 26.09.004 and form the blueprint for any parenting plan or custody modification action's argument.
Which parent has maintained a loving, stable, consistent, and nurturing relationship with the child?
This question may seem simple, but it is indeed very complex. The answer for most people to this question will be a resounding "me!" The problem is that you will need to say more than that when you are in court in front of a judge or commissioner. In your declaration/petition or other paperwork, you will need to focus on succinctly describing the ways in which you have demonstrated the maintenance of a loving, stable, consistent, and nurturing relationship with the child. At first glance, this comparison would tend to put unmarried fathers seeking to establish parenting plans/custody at an immediate disadvantage. If a child born to an unmarried couple is very young, usually one parent will have spent a majority of time with the child. That one parent is typically the mother. Consequently, any pattern of nurturing the child will be established by the mother. It is important for unmarried fathers to establish parenting plans as soon as possible, so that they can begin to develop a nurturing relationship with the child, similar to that of the mother.
Which parent has Attended to the daily needs of the child, such as feeding, clothing, physical care and grooming, supervision, health care, and day care, and engaging in other activities which are appropriate to the developmental level of the child and that are within the social and economic circumstances of the particular family?
Wow, that's a loaded question. Notice how this question is more complex than the first. Demonstrating the ways in which you have demonstrated these functions is crucial to the overall success of you child custody matter. The best approach is to go through each element and include it in your declaration, as well as find others with personal knowledge who can vouch for you. For example, do you ensure that the child has food everyday (breakfast, lunch or lunch money, dinner etc.)? Do you routinely purchase close and other necessities for the child? Who takes the child to doctor's and dentist appointments? Do you make it possible for the child to engage in age-appropriate extra-curricular activities?
There are plenty more parenting functions to cover. Stay tuned for part 2.
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