What is a parenting plan modification

A parenting plan is a formal child custody agreement, typically agreed to or established by a court, that governs the relationship parents have with a child. However, as children grow older or as situations change, you may need to implement a parenting plan modification.

What could modify a parenting plan?

Many factors could modify a parenting plan. Here are some of the most common reasons that people seek modifications:

• Children are growing older. The current plan may not cover their needs in areas like attending school programs, working, or addressing special needs.
• Someone is relocating. If one parent is moving across the country, maintaining the current schedule could be incredibly difficult or expensive.
• A parent has a changing work schedule. Most agreements understand the importance of work and how that could impact one’s ability to meet their responsibilities under a parenting plan.
• A parent has lost their job and cannot meet their financial obligations. In the same way as the previous entry, parenting plans understand that adults may not have the money to support children.
• The child’s safety is at risk. One or both parents could be abusive, develop drug addictions, or otherwise create unsafe environments.
• One or both parents disagree with proposed revisions. Simply objecting to changes could be enough to modify a parenting plan, although this usually requires having objections that are grounded in facts, evidence, or logical reasoning.
• The modification will formalize a schedule substantially different from one previously agreed to, and under which the child has been integrated into the family of the other parent. In other words, agreeing to one schedule does not inherently allow for later changes at the expense of one party, and you can expect courts to take a hard look at any modification of parenting plan guidelines that include such a thing.
• Whether or not the current residence is detrimental to the child’s physical, mental, or emotional health in such a way that harm caused by modifying the schedule is outweighed by the advantages of the change. In layman’s terms, doing what’s best for the child often outweighs other considerations, including the child’s own desires.
• A parent has willfully abandoned the child for an extended period or refuses to perform their parental functions. This is similar to the previous entry but focused entirely on the parent’s behavior. Put another way, parents need to meet their obligations and have no right to partial or total custody if they fail in those.
• If it is necessary to prevent the physical, emotional, or sexual abuse of the child, or if there is a history of domestic violence. Most courts are reluctant to allow any situation where children must stay with an abusive parent.

What are Major Parenting Plan Modifications

What is a parenting plan modification that others would consider significant? Major parenting plan modifications are substantial changes to an existing plan, such as going from split custody to weekdays/weekends, or even total custody for one parent with limited (or no) visitation for the other. These usually happen when one parent is unable, unwilling, or unfit to meet their obligations.

For example, if evidence surfaces that a mother has an addiction and emotionally abusive, a father may petition to remove the child from the mother’s custody. On the other hand, if the father is moving away to a new job, he and the mother may both agree that the mother should have custody except for the occasional visits.

How to prove major parenting plan modifications

The evidence required for proving a major modification is necessary depends on whether or not all parties are in agreement. If both sides agree that a change is for the best and there is no compelling reason to stop it, most courts (or other governing agencies) will nod, give approval, and process the paperwork.

However, if the two sides do not agree to a change, you usually need to present evidence to back up your reasoning. This could include proof of financial burdens, evidence of abuse, or other materials that justify a significant change. A family lawyer can help you determine whether or not your evidence is enough to warrant a significant change.

What are Minor Parenting Plan Modifications

Minor parenting plan modifications can be either short-term or long-term modifications but consist of keeping the agreement mostly intact. For example, if the mother’s hours at work change, she may ask the father to keep custody for a different part of the week. If this isn’t a burden on him and he agrees, the change is made.

If both sides do not agree, it is possible to enforce a minor change, usually by arguing the necessity of it.

How to prove minor parenting plan modifications

Requirements for establishing minor modifications are similar to those for major modifications and depend, in large part, on individual circumstances. For example, a mother may argue that she needs to have different work hours to meet her financial obligations as a mother, so she simply cannot pick up a child before a particular time.

Get The Legal Help You Deserve

Start Your Case Review Right Now

How much does it cost to modify parenting plans?

Costs vary by area and could change over time. However, if you are filing in the same county, costs are usually less than $60 for the filing fee, plus additional charges for copying papers, serving papers, or parenting plan attorney fees.

If you are filing in a different county, the filing cost is usually around $200, plus other added fees.

Low-income individuals may be eligible for waived fees.

Can Sole Custody Be Changed To Joint?

Yes, any parent or parents within Washington State can seek to modify their custody agreement by filing the correct forms with the court. This allows them to modify any aspect of the custody agreement, including adding joint custody following one of the parents’ altering their lives in some beneficial way. Custody petitions always need to specify the custody changes that the parent(s) are seeking.

How to modify a parenting plan

Deciding on your own without court

In many cases, you can decide on minor modifications without going to court as long as both sides agree. The parenting plan may, itself, permit these with no need to file the changes at the court. However, depending on the agreement, you may need to visit court anyway.

Going to court

If you need to go to court (usually for major changes), you can expect to have an Adequate Cause hearing. This is your opportunity to explain the change you want and layout any relevant evidence. If you cannot prove you have good reasons for a change, the judge will almost certainly dismiss the request.

Depending on the nature of the request, judges may grant it after the Adequate Cause hearing, schedule a second hearing, or even schedule a trial.

Common Mistakes to Avoid When Modifying a Parenting Plan

Creating a parenting plan that works for both parties can be contentious. Staying aware of these potential mistakes is important for a smooth modification process. When you file for a parenting plan modification, you must be as clear and concise as possible. 

Five errors to avoid when modifying a parenting plan:

• Not Focusing On The Child’s Best Interests: Focusing on your needs over your child’s is a problem that the judge will catch immediately. 
• A Lack Of Documentation: Your case can be weakened when you fail to record essential changes in your circumstances, such as why you need to move, why you changed jobs, or why you believe your child should attend a different school.
• Breaking Custody Orders: Breaking or ignoring current custody orders will not sit favorably with the courts.
• Not Seeking Professional Advice: Modifying parenting agreements without a lawyer’s help can lead to huge problems, especially if your ex-spouse has counsel.
• Misunderstanding The Rules: Details are what matters here. Not knowing about Washington’s custody laws can slow your efforts, but a family attorney can help you avoid mistakes. 
• Neglecting To Update Relevant Parties: Schools, doctors, and anyone important in the child’s life needs to be updated about impactful day-to-day changes.
• Failing To Plan: If the other party doesn’t comply, or a contentious divorce is made more contentious, the parenting plan could take longer to modify.
• Assuming The Best: The parent requesting plan modifications may need to be open to negotiations.

Parenting Plan Modifications for Special Needs Children

Drafting a parenting plan is never easy. If the circumstances are right and both ex-spouses agree, creating or modifying a parenting plan might be less of a headache, but it’s always about putting the needs of the child first. 

A parenting plan is your roadmap for the future, and the more detailed the plan the easier it will be to navigate unforeseen challenges. It should instill a sense of reassurance, ensure you’re never caught off-guard, and serve as a beacon of support. 

As a parent of a special needs child, your parenting plan requires additional steps, such as considerations for medical treatments, routines, and stability.

Medical Costs

Circumstances are different for every child and every parent. Your child might require routine therapy appointments or round-the-clock care. Regardless of your situation, you and your ex-spouse need to be consistently clear on how to handle medical expenses.

Parents of special needs children know that medical costs can creep into the thousands, and it’s important to know who pays for what, whose insurance covers premiums and deductibles, how uninsured expenses are paid, and if any non-traditional medical treatments or alternative treatments will be considered.

Your parenting plan should also cover who is the primary decision-maker for your child’s medical care.

Education for special-needs children

Parents of children with behavioral disorders will have to make difficult decisions about their child’s education. 

Your child might need to attend special schools or educational programs, their testing and evaluation might be managed differently, and they might require therapies and interventions. Parents of children with autism and ADHD may have to enroll their children in private schools.

The parenting plan should clearly outline who is responsible for any decisions involving education, including the costs of school expenses. 

Therapy Plans

Therapy plans often extend beyond medical care, with additional costs and time that address your child’s unique developmental, physical, and emotional needs

Therapy plans for special needs children can include:

• Speech Therapy: Young children who need help communicating verbally might require therapy that addresses articulation, expression, and comprehension. 
• Physical Therapy: Some children need assistance for improving motor skills, such as walking, running, or balance.
• Behavioral Therapy: These treatments can help your child manage their actions. It’s effective for autistic children or children with ADHD. 

Can CPS Change Custody Agreement?

Yes. CPS can change the custody agreement or even begin a dependency case if they believe your children are in danger. If the court believes your children are in immediate danger, CPS will ask for temporary custody and remove the children from you or your spouse’s home.

Frequently Asked Questions

How long does it take to modify a parenting plan?

There is no set amount of time for modifying a parenting plan, but considering each step requires time and effort, it’s important to move the process along and be as agreeable as possible. 

Any parent who desires to make a parenting plan modification must notify the other parent, who is then given a timeframe to respond to the request. The court will set a date for both parents to discuss the requested modifications, which can be several weeks or months after the request. 

Minor modifications, such as changing visitation days, will likely be approved quickly. For any modification, it’s necessary to revisit the parenting plan and determine what changes might be necessary, and the judge will always approve or dismiss a change in the best interests of the child.

The timeframe is often dependent on how cooperative each parent is during the process. Filing forms and making requests is a process, which is why it’s important to have a family law attorney help you throughout the process. If both parents adhere to the court’s requests and file their forms promptly, the process can be quick and easy. 

Do I need a lawyer to modify a parenting plan?

Modifying a parenting plan is a complicated process. Parents who wish to change child custody or visitation rights will require a skilled family law attorney who understands the law. A good attorney, such as those at Skyview Law, can prepare and present your case, increasing your chances and decreasing your headaches.

What happens if you violate a parenting plan in Washington State?

In Washington State, if a parenting plan is violated (such as one parent interfering with the other parent’s visitation time), the other parent can file a contempt motion. If the parent is found in contempt, the judge might order the violating party to pay the other parent’s attorney fees or may even issue them a civil penalty.

Parents can face jail time for violating the parenting plan, and the judge might order them to attend counseling or take a parenting class. Failure to pay child support, interfering with visitation, or making substantial changes to the parenting plan without permission of the court can result in fines, a suspended driver’s license, or jail time.

How Can Skyview Law Help

Modifying a parenting plan can be a daunting process, which is why Skyvew Law is here to help. All parenting plan modifications should be handled with care, as they can significantly impact your child’s future. Remember, the purpose of the parenting plan is to create stability in your life.

We cannot understate the value of seeking professional legal help throughout the entirety of divorce and parenting procedures. Ensure that the changes you make to your plan are legally sound and in the best interests of your child, especially in contested cases.

Contact Skyview Law today for a FREE consultation and see how a family law attorney can make your life much easier. Whether it’s parenting plan modifications, divorce, adoption, or child support, discover how to protect yourself and get the justice you deserve with the help of the Skyview Law team.