Modifying Your Parenting Plan
Changing a parenting plan can be as drawn out as the official name of the paperwork you need to file: “Petition for Modification of Adjustment of Child Custody Decree/Parenting Plan.”
It’s not easy to modify a parenting plan. Courts favor stable residential schedules and continuity. A parent must show that a substantial change or risk of harm has occurred since they signed off on the original arrangement. A remarriage or new baby is typically not enough. A terminal medical diagnosis or international move would make a modification justifiable.
You need to demonstrate how a change to the parenting plan would serve your child’s best interest in the wake of this substantial shift in circumstances. Washington’s custody laws require a judge to hold an “adequate cause hearing” that both parents must attend.
The parent requesting the change has the burden of proof to show a sufficient reason for the change. Both parents will have the opportunity to present factual affidavits—written declarations supporting or opposing the modification.
If adequate cause is found, the court will set a trial date for the merits of actual modification. We help craft this multifaceted legal process.
Case Concerns: Growing Out of It
When kids grow into teens, they often grow out of old-school parenting plans and rigid routines. See this as a good thing. Teens need more independence and flexibility with new activities and peer relationships. If you and your ex can agree, this is a good time to give them more friend-time and control over their schedule. This goes a long way in showing them that you trust them to make good decisions. It’s also important that both parents communicate with each other on curfews, driving, dating, and more. If parents don’t agree to the changes or the flexible schedule, then the parenting plan still controls. Ultimately, even if they’re teenagers, children are not allowed to legally choose their own custody arrangement.