Magnuson Lowell Blog
Each week we post a blog about relevant legal issues. Glance through our various topics to learn more about a particular legal situation.
Every divorce or separation involving kids requires the creation of a specialized parenting plan or residential schedule for the benefit of the children. This legal document outlines how parents will share decision-making. Agreements will also verify a set custody schedule during school, the summer, and even for specific holidays. The purpose of the parenting plan is to ensure consistency, which for the courts, is one of the most sought-after values when determining a child’s best interests.
What happens if – after a few years – your needs change? What happens if the schedule that once fit the situation well now is a hindrance to the child’s life? The Washington legislature understood that changes would likely be needed and codified RCW 26.09.260, which outlines rules regarding parenting plan modifications.
The first thing to understand is that there are two types of parenting plan modifications: minor modifications and major modifications. A modification is considered minor if it does not change the parent the child is scheduled to reside with most of the time, and
Regardless of whether the modification is minor or major, the petitioning parent must show a substantial change in circumstances. These are changes that occur throughout life that were not anticipated at the time the original parenting plan was drafted that require change for the child’s best interest. On top of substantial changes, if it is a major modification, the modification must meet one of four criteria:
This is often the biggest hurdle to modifying a parenting plan in Washington. Once you file your request, the court will hold a threshold hearing (called an Adequate Cause Hearing) to determine whether the modification requirements have even been met. If they have, the case continues. If the judge feels there have not been substantial change of circumstances, etc., the case will be dismissed.
Modifying a parenting plan can be very difficult because the court endeavors to keep substantial consistency in the child’s life. The judges do not want schedules to be changed constantly to provide stability for the family.
If you are interested in modifying your parenting plan, contact the experienced family law attorneys at the Law Offices of Magnuson Lowell, P.S. Our team is available to provide complimentary case evaluations for parents looking for help changing their residential schedules.