MODIFICATION OF
PARENTING PLANS IN WASHINGTON
If a substantial change in
the circumstances of the child or the other
parent has occurred since the entry of the
Parenting Plan, based on new facts that have
arisen or that were unknown to the Court at the
time of the prior decree or plan, and where a
modification is in the best interest of the
child, the Court can enter a new Parenting Plan
and even under certain circumstances change the
designated primary residential parent or
custodian.
Either or both parents can
petition the Court for the modification. If
the Court finds sufficient facts to warrant the
modification, a trial will be scheduled and the
matter proceeds in much the same way as an
initial determination. If the proposed
modification is only a modification in the
dispute resolution process or a minor
modification in the residential schedule of the
non-primary residential parent, the Court may
order adjustments to the Parenting Plan to
provide for changes in work schedule or a move to
a new geographic area by either parent.
The Court will not change
the primary residential parent or custodian,
however, unless the parents agree to the
modification; or the child has already changed
residences by agreement between the parents,
UNLESS the child's present environment is
detrimental to the child's physical, mental, or
emotional health and the harm likely to be caused
by a change of environment is outweighed by the
advantage of a change to the child.
Another reason for
modification could be if the Court has found the
nonmoving 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,
or the parent has been convicted of custodial
interference.
Our
firm consist of three lawyers, Peter W. Mogren,
Ronald E. Glessner, and Ruth A. Roti. Our
emphasis is in family law, wills and probate, and
personal injury. Please click on the topics
above for details about these areas of practice,
including divorce, legal separation, property
division, child support, spousal maintenance,
parenting plans, modifications, paternity,
adoption, wills, Community Property Agreements,
Durable Power of Attorney, and probate.
Our
firm is conveniently located in Renton, King
County, Washington, just off the freeway at the
intersection of I-405 and I-167. Our
attorneys represent clients throughout the State
of Washington, including the communities of
Renton, Kent, Tukwila, Seattle, Bellevue, Auburn,
Maple Valley, Federal Way, Des Moines, Burien,
SeaTac, Enumclaw and most of south King County.
The free information contained in
these pages is not
intended to be legal advice, and does not
create an attorney-client relationship. You
should always consult with an attorney before
taking any action. Feel free to call us at
425-255-4542.
