Divorce Modification With Child In Washington
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In Washington, a Parenting Plan does not award custody. Instead, it has a Parenting Time Schedule that says when the children will live with each parent. If the parents do not agree on a schedule, the judge will decide one in the children's best interest.
In Washington state, individuals have the legal right to request modifications to certain aspects of their divorce decree.
Modification via Mediation Alternative dispute resolution (ADR) is a popular avenue for parents trying to arrange or modify custody agreements in California. Through ADR, you could achieve an official, legal custody modification without going to court. ADR is not a custody trial.
To modify your parenting plan, you must prove a material change in circumstances. This could be due to living situations, employment, health, or safety concerns. It's important to work with an experienced child custody lawyer who can help you navigate the legal system and present a strong case.
The child support agency automatically reviews the support orders in “TANF” cases at least once every three years. In “non-TANF” cases, the child support agency will provide notice to either parent or custodian of their right to request a review of their child support order at least once every three years.
The baseline parenting plan in Washington is what we sometimes call an “every-other-weekend” plan. As the name implies, this type of parenting plan affords visitation to the non-custodial parent every-other weekend, plus usually a short weekly visit of about 2-4 hours.
Though many mistakenly believe that women are given preference in custody battles, that is not actually the case in Washington as a matter of policy. Courts here evaluate the closeness of the relationship between parent and child (before divorce) and the parenting roles each parent has assumed in the past.
Parenting time and child support, which are also part of a final decree, may also be modifiable. At the time a divorce is finalized by court order, so are visitation and custody agreements.
The Process Of Divorce Modification In Washington Modifying a divorce agreement isn't as simple as requesting a change. Washington courts require a legal process, which involves submitting a motion for modification and providing evidence of a substantial change in circumstances since the original order.
The state of Washington does not allow couples to “undo” or reverse a divorce once a judge has established the final orders.
