Custody

Because parenting plans are decided in the best interest of the child, an order is not usually permanent. If you have a parenting plan already in place, you can ask the judge to make changes or modify the plan. The general rule is that you can only ask to change a parenting plan if there has been a “substantial change in circumstances” since your last hearing.¹ In Washington state, a charge of domestic violence may constitute a substantial change in circumstances. If domestic violence has occurred, changing the parenting plan may be necessary to protect the best interests of the child. You will have to show that the child’s environment is harmful to their physical, mental, or emotional health.² A parent being convicted of custodial interference in the first or second degree is also a substantial change of circumstances for the purpose of changing a parenting plan.³

The judge may also restrict a parent’s time with the child based on:

• a parent’s history of sexual assault or abuse;
• the sexual offenses or abuse committed by a person living with a parent;⁴ or
• the non-custodial parent failing to exercise their right to visitation for a year.⁵

In addition, if both parents agree on the modification, the court is likely to grant the modification without a substantial change in circumstances.⁶ 

To change a parenting plan, you will need to go to the court that issued the order, even if you have moved. You will need to file a motion for a change in the parenting plan and an affidavit that states the facts supporting the request. The other parent will then receive a copy of these documents so that they have the opportunity to file a response or tell their side of the story. The judge will then make a decision based on these affidavits about whether or not you have shown adequate cause to have a hearing. If the judge decides you have shown sufficient cause, a hearing will be scheduled so that the judge can decide on your motion (request).⁷ 

If you are trying to change, get rid of (vacate), or enforce a part of an order about the custody or visitation of a child, the judge may order the other parent to pay your attorney and court fees at your request. To figure out whether to award fees and costs, the judge will look at the financial situation of you and the other parent and whether you have acted in good faith.⁸ If the judge finds that a motion to modify an existing parenting plan was made in bad faith, the party who filed the motion will be responsible for the court costs and attorney’s fees of the other party.⁷

As with all custody issues, we recommend that you talk to a lawyer about this. See our Washington Finding a Lawyer page to find a list of legal resources in Washington.

¹ R.C.W. § 26.09.260(1)
² R.C.W. § 26.09.260(1)-(2)(c)
³ R.C.W. §§ 26.09.260(3)
⁴ R.C.W. §§ 26.09.260(4); 26.09.191; 26.09.0001
⁵ R.C.W. § 26.09.260(8)(a)
⁶ R.C.W. § 26.09.260(2)(a)
⁷ R.C.W. § 26.09.270
⁸ R.C.W. § 26.09.160
⁹ R.C.W. § 26.09.260(13)