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Washington Motion for Temporary Change to Parenting/Custody Order (Military Parent)

State:
Washington
Control #:
WA-SKU-2366
Format:
PDF
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Description

Motion for Temporary Change to Parenting/Custody Order (Military Parent)

The Washington Motion for Temporary Change to Parenting/Custody Order (Military Parent) is a court process used when a military parent needs to modify a parenting/custody order due to deployment or other military-related obligations. This motion is used to make temporary changes to the existing parenting/custody order to accommodate the military parent's needs without having to amend the order. This motion can be used to modify child custody, visitation, or support obligations in order to address the unique circumstances of a military parent. There are two types of Washington Motion for Temporary Change to Parenting/Custody Order (Military Parent): 1. Motion for Temporary Change: This motion is used to request a change to an existing parenting/custody order on a temporary basis. This motion must be filed with the court and must include a declaration that explains the circumstances of the military parent’s deployment or other military-related obligations. 2. Motion for Permanent Change: This motion is used to request a change to an existing parenting/custody order on a permanent basis. This motion must be filed with the court and must include a declaration that explains the circumstances of the military parent’s deployment or other military-related obligations. It must also include a plan for how the parenting/custody order will be modified on a permanent basis.

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FAQ

In both Washington and Oregon, a child can only choose which parent they'd like to live with when they turn 18 or are otherwise emancipated. Minor children are not considered capable of making such decisions for themselves and are not permitted to ?choose? living with one parent over another.

A Washington court may issue a temporary child custody order if the military deploys or temporarily relocates a parent with whom a child primarily lives. The temporary custody order expires ten days after the parent's return.

The temporary parenting plan will dictate who the child will reside with, parenting time, and child support. Child support in Washington state is vital in helping to ensure your child's financial security. They are being affected by the divorce process just as well as you are.

There is no set age at which a child can refuse visitation in the state of Washington. The courts will never sanction a parent if they have an independent child who simply refuses to visit the other spouse. If a parent is preventing visits, the judge can enforce the visitation order or even hold the parent in contempt.

In Washington State, when two unmarried parents have a child, custody defaults to the mother. However, if paternity is established for the father, his rights as a parent will hold equal weight in court.

When no emergency exists the legal avenue for obtaining a custody order (or parenting plan) is filing a motion for temporary orders. In a nutshell, you would file your moving papers and schedule a hearing date with the Court. The difference is that there is no order in place pending the hearing date.

A parent seeking to modify custody in Washington must file legal forms with the court, including a "Petition for Modification of Adjustment of Child Custody Decree/Parenting Plan." The petition should specify what kinds of custody changes the parent is seeking.

Temporary orders provide short-term solutions to disputes that can't wait until the end of legal proceedings to be resolved. They generally assign decision-making authority to one or both parents and set a residential schedule for the duration of the litigation process or settlement process.

More info

The parent who made this Motion is a military parent who received orders to report for temporary duty, deployment, activation, or mobilization. This form is required if you or the other parent are asking for any financial orders, such as child support.Motion for School Selection: This motion is for either parent to ask the judge to determine what school a child should attend if the parents cannot agree. The parent ordered to military service must file a motion requesting a temporary orders hearing. Introduction. This page includes information and forms for modifying the child custody provisions in an existing divorce, custody or parentage order. No permanent orders altering existing custody arrangements should be entered while the custodial parent is unavailable due to military service. Temporary orders may also be issued if one parent is in the military and is unable to exercise his or her right to custody due to deployment. Either party may petition the court to modify a custody order or a parent-time order. Where one or both parents is a uniformed service member either parent can ask for temporary orders due to deployment. One or both parents must petition the court for a modification; the court won't make changes on its own.

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Washington Motion for Temporary Change to Parenting/Custody Order (Military Parent)