Seattle Child Custody Lawyer: Major Modification of a Final Parenting Plan

Once a parenting plan is finalized there is a presumption against major modifications to the parenting plan because major modifications can seriously disrupt children’s lives. Examples of major modifications include: changing the custodial parent, or significantly altering the visitation schedule. Seattle child custody lawyers understand the seriousness of a major parenting plan modification.

Washington law requires using mandatory forms during parenting plan modifications and can be found at Seattle child custody lawyer.

A party may enter a parenting plan modification case pro se (representing oneself) or with a Seattle child custody lawyer if a substantial change of circumstances has occurred in the life of a child, or if there are facts regarding the child or the non-moving party that were unknown to the court when the parenting plan was entered. The modification must also be necessary to meet the best interests of the child. Some of the factors that can justify a major parenting plan modification include:

-Agreement by both parties to the modification;

-The child has been integrated into the family of the party seeking modification by consent of the other party; or,

-The child’s present custodial environment is harmful to the child’s physical, mental, or emotional health; and, the harm that a modification will bring will be offset by the benefit of the change to the child.

Because this is not a complete list, contact a McKinley Irvin Seattle child custody lawyer concerning the circumstances of any individual case.

For relevant statutory language on major parenting plan modifications, please see RCW 26.09.260: Modification of parenting plan or custody decree.

Seattle Child Custody Lawyer for a Minor Modification of a Final Parenting Plan

Minor modifications require only a showing of substantial change of circumstances for either party or the child. Such circumstances may include one parent moving, or a change in visitation schedule due to a change in one parent’s work schedule. Minor modifications can also mean modifying the dispute resolution process or minor changes in the visitation schedule that does not move the primary residence of the child.

Because the line between a major and minor modification is sometimes fine, consulting a McKinley Irvin Seattle child custody lawyer who can advise you on the law is recommended prior to starting an action.