What if parents can't agree on custody?

If parents are unable to decide on the custody for their minor child, the judge will look at a couple of factors to determine what’s in the “best interest” of the child involved. Some of the factors considered by a judge are: 1) if any parent has alcohol or drug problems, 2) any previous reports of parental abuse or neglect, 3) the amount of time a parent would be with their child if they lived together, 4) any religious factors involved, and 5) each parent’s commitment in keeping the other parent involved in the child’s life. Anything that is being decided when it comes to parenting of the minor child should be in the child's best interests.

Can I modify a final parenting plan that was already approved?

Yes, you are able to modify a final parenting plan after it’s been approved, but you must show that a “substantial change” to either the minor child or to you has occurred after the final parenting plan was agreed upon. This could be due to the parent losing a job or moving to a different town or state. To modify an existing parenting plan, you must show that the change is in the best interest of the minor child. If the change request is considered more than a minor change than a hearing will be requested for the parent to prove the need for the change. Consult with your lawyer if a change in the final parenting plan is needed.

What if a parent is not complying with the judge approved parenting plan?

When a judge has signed a parental plan then it has become a court order that both parents must abide by. If a parent is not complying with the plan, like a failure to pay child support or failure to comply by the visitation schedule, you can file a hearing for contempt through your lawyer. If the judge agrees with you at the contempt hearing, the parent who disobeyed can face fines and possibly jail time. Without having a judge approved parenting plan there is little to no action you would be able to take to correct the other parent’s behavior.

Parenting Plan Attorneys in Washington State

What is a parenting plan?

A parenting plan is a legal document, which outlines parenting details for minor children. parenting plan will dictate in detail where the child will live, the time spent with each parent, how or which parent will make the major decisions and if there’s disagreements involving the child, how the two parents will decide.

Often they are used in divorce, legal separation, a change of custody, petition to decide parentage, and petition for non-parent custody and need to be approved by a judge or court commissioner. When creating a parenting plan keep in mind that the document is a plan to provide stability and security for your child during and after the separation.