- What is the standard for a court to modify a parenting plan?
If it finds a factual basis that a substantial change has occurred in the circumstances of the child or the non-moving party AND that the modification is in the best interests of the child and is necessary to serve the best interests of the child. The basis for the modification must be facts that have arisen since the entry of the prior parenting plan or were unknown to the court at the time of entry of the prior parenting plan. - What factors does the court look at in evaluating a petition for a modification
of a parenting plan?
Courts will retain the prior parenting plan unless:- (a) The parents agree to the modification;
- (b) The child has been integrated into the family of the petitioner with the consent of the other parent in substantial deviation from the parenting plan;
- (c) The child's present environment is detrimental to the child's physical, mental, or emotional health and the harm likely to be caused by a change of environment is outweighed by the advantage of a change to the child; or
- (d) The court has found the nonmoving parent in contempt of court at least twice within three years because the parent failed to comply with the residential time provisions in the court-ordered parenting plan, or the parent has been convicted of custodial interference in the first or second degree.
- (b) The child has been integrated into the family of the petitioner with the consent of the other parent in substantial deviation from the parenting plan;
- (a) The parents agree to the modification;
- My friend is trying to modify her parenting plan. She has to go to court for
an adequate cause hearing. What is that?
Also known as the threshold hearing, adequate cause is required by statute in parenting plan modification cases. In order to keep children relatively stable and not have them ping-pong between parents, a presumption of custodial continuity exists in modification actions. In other words, courts prefer to keep the children from bouncing back and forth between parents. As a result, before a moving party may obtain a hearing on the merits of modification of their parenting plan, he/she must factually demonstrate that adequate cause exists for hearing the petition. At the adequate cause hearing, both parties have the opportunity to present factual affidavits supporting and opposing the modification. Essentially, the court looks to see if the moving party has factual allegations, which if true, might establish grounds for a change. If adequate cause is found, the court will set a hearing date for the merits of the modification itself. If adequate cause is not found, the court will deny the modification of the parenting plan. - Will I be assessed attorney fees for the other side if the court does not grant
the modification?
Possibly. If the court finds that the modification of the parenting plan has been brought in bad faith, it will assess attorney fees and court costs of the nonmoving party against you. Merely failing to demonstrate adequate cause by itself, however, is not bad faith. - What is a minor modification?
Minor modification is a change in the residential schedule that does not change the residence the child is scheduled to reside in the majority of the time and:- (a) Does not exceed twenty-four full days in a calendar year or five full days in a calendar month; or
- (b) Is based on a change of residence or an involuntary change in work schedule by a parent which makes the residential schedule in the parenting plan impractical to follow.
A showing of a substantial change in circumstances of either parent or of the child is required. However, a minor modification is without consideration of the factors outlined in Question No. 2 above (agreement of the parties, integration, detrimental environment, contempt). A party may also request a modification in the dispute resolution process.
- (a) Does not exceed twenty-four full days in a calendar year or five full days in a calendar month; or
Washington Parenting Plan Modification FAQ's
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