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 his/her physical, mental, or emotional health.²  The judge will also restrict a parent’s time with the child based on a parent’s sexual assault convictions, or the sexual assault convictions of a person living with a parent.³  The judge may also change the parenting plan if the parent who does not have primary custody fails to exercise his/her right to visitation for a year.⁴

In addition, if both parents agree on the modification, the court is likely to grant the modification without a substantial change in circumstances.⁵ 

Note: 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.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 which states the facts supporting the request.  The other parent will then receive a copy of these documents so that s/he has the opportunity to file a response, or tell his/her 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 adequate cause, a hearing will be scheduled so that the judge can make a decision on your motion (request).⁷ 

If you are trying to change, get rid of (“vacate”), or enforce a part of an order pertaining to custody or visitation of a child, the judge may order the other parent to pay your attorney and court fees at your request.  In figuring 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

As with all custody issues, we recommend that you talk to a lawyer about this. Go to the WA 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(4); 26.09.191
⁴ R.C.W. § 26.09.260(8)(a)
⁵ R.C.W. § 26.09.260(2)(a)
⁶ R.C.W. § 26.09.260(12)
⁷ R.C.W. § 26.09.270
⁸ R.C.W. § 26.09.160