Washington Order on Motion for Temporary Change to Parenting/Custody Order (Military Parent) is a court order issued by a court in Washington State to modify a previously existing parenting plan or custody order due to the military deployment of one or both parents. There are two types of Washington Order on Motion for Temporary Change to Parenting/Custody Order (Military Parent): (1) Temporary Change to Parenting/Custody Order, and (2) Permanent Change to Parenting/Custody Order. The Temporary Change to Parenting/Custody Order is typically used when one or both parents are deployed for a limited period of time, and it modifies the existing parenting plan/custody order to provide for a temporary living arrangement for the children. The Permanent Change to Parenting/Custody Order is used when one or both parents are permanently deployed or reassigned, and it permanently adjusts the existing parenting plan/custody order to provide for a long-term living arrangement for the children. It is important to note that either type of Washington Order on Motion for Temporary Change to Parenting/Custody Order (Military Parent) must be approved by the court before it is legally binding.
Washington Order on Motion for Temporary Change to Parenting/Custody Order (Military Parent)
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FAQ
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.
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 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.
You can also ask the court to prohibit weapons and to order your spouse or ex-spouse to surrender weapons to the police or sheriff. A court may grant an Immediate Restraining Order (Ex Parte) the same day as the request is made, even without notice to the other spouse, if necessary to provide safety.
Who can get an emergency custody order? Usually a parent may request an emergency temporary child custody when the other parent presents an immediate danger. Substance abuse by a parent, abandonment, and other reckless or threatening behavior often constitute grounds for a court to issue an emergency custody order.
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.
Child Custody and Moving Out of State: No Existing Court Order. If you have no existing court order regarding the other parent's or third party's visitation rights with the child, then you are probably within your legal rights to move outside of the state, as Washington State's relocation laws do not apply to you.
In Washington, the general rule is that courts may order parenting plan modifications if (1) there has been a substantial change in the circumstances of a parent or child since the original parenting plan was issued, and (2) if the modification is in the best interests of the child.