Can You Modify a Parenting Plan Without Going to Court in Washington?

After a divorce or custody order is finalized, parents often continue to adjust their parenting schedules based on life’s realities, whether that means swapping weekends or adjusting pickup times. While this flexibility can be helpful, informal changes are not legally binding. If you want to modify a parenting plan in Washington State permanently or to ensure it is enforceable, it will likely require court approval.

When Informal Changes Are Okay

Parents can agree to temporary or minor changes without involving the court. Examples include:

• Switching weekends to accommodate travel
  
  
• Adjusting exchange times due to work schedules
  
  
• Making short-term changes during holidays or summer break

However, these agreements should be documented in writing, even if just by text or email, to avoid future confusion. While this is not a perfect system and could still lead to disputes, having a written temporary agreement will hopefully avoid fights in court.

When You Need a Legal Modification

Larger or long-term changes, such as relocating a child, altering the primary residence, or changing decision-making authority, require court approval. You must petition to modify the existing parenting plan and demonstrate a substantial change in circumstances under Washington law.

What Happens If You Only Have an Informal Agreement?

Even if both parents agree to a new arrangement, it will not be enforceable by law unless it’s filed with and approved by the court. If one parent later changes their mind, the original plan still controls. This can cause major problems if you relied on the informal change.

Filing an Agreed Modification

If both parents support the change, you can file an Agreed Parenting Plan and Agreed Order on Modification with the court. This is usually a straightforward process that doesn’t require a hearing, but it’s still wise to consult an attorney to ensure the documents are properly drafted.

When Parents Don’t Agree

If one parent doesn’t agree to the change, you’ll need to file a Petition to Modify the Parenting Plan and follow formal court procedures, which may involve court hearings, investigations, discovery, mediation, and perhaps even a trial.

Protect Your Rights and Your Child’s Stability

At Magnuson Lowell, P.S., we help parents understand when and how to legally modify parenting plans. Whether you’re seeking a minor adjustment or a significant change, our attorneys can help you move forward with clarity and confidence. Contact us today for a free telephone case evaluation 425-800-0582!

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