General and Common Questions About Modifying a Parenting Plan
What does it mean to “modify” a parenting plan in Washington?
Modifying a parenting plan means asking the court to change an existing Final Parenting Plan after it has already been entered. Changes can involve where the child lives, how much time each parent has, decision-making, or specific rules in the plan (RCW 26.09.260(1)).
How hard is it to change a parenting plan in Washington State?
Washington law strongly favors stability for children, so the standard for modification is intentionally high. A parent must show a substantial change in circumstances and that the requested change is necessary to serve the child’s best interests, not just that one parent is unhappy with the current plan (RCW 26.09.260(1); Bower v. Reich, 89 Wn. App. 9).
What counts as a “substantial change in circumstances”?
A substantial change usually means something significant and lasting has changed since the last plan, such as a major move, serious safety concerns, or a long-term shift in where the child actually lives. The change must not be something the court already expected when it entered the original plan, and it must be important enough that keeping the old plan would no longer be in the child’s best interests (Marriage of Hoseth, 115 Wn. App. 563).
How do I start the process of modifying a parenting plan?
To start, you file a petition or motion to modify the parenting plan along with supporting declarations. Those documents must explain what has changed and why the requested modification is necessary for the child. You must also seek what is called an “adequate cause” hearing to determine whether or not your petition to modify can move past this preliminary stage. That means you must present concrete evidence that modification is in the best interests of the child and that you met the statutory requirements of RCW 26.09.260 when you first file.
What is “adequate cause” in a parenting plan modification?
Adequate cause is a threshold showing that there is enough evidence of a substantial change and potential benefit to the child to justify a full hearing. It requires more than bare allegations and must be supported by specific facts in declarations or affidavits (RCW 26.09.270; In re Marriage of Roorda, 25 Wn. App. 849).
What evidence do I need to change a parenting plan?
Courts commonly look for school records, medical records, police reports, counseling notes, parenting logs, and declarations from people who have seen the problems or changes firsthand. The stronger and more specific the evidence, the more likely it is that you will meet the adequate cause standard.
How long does a parenting plan modification take in Washington?
Time frames vary widely. Simple agreed modifications may be resolved in a few weeks or months, while contested major changes that require a full hearing or trial can take many months to a year or longer, especially if expert evaluations are involved.
How much does it cost to modify a parenting plan in Washington?
At Pacific Northwest Family law, we’ve seen a range of $3,000 to $60,000 dollars for a modification with an average of just north of $10,000. Actual costs depend on the complexity of the issues, the nature of the modification, and the animosity of the parties. Attorney fees, expert reports, mediation, and multiple court hearings can all increase the total cost, which is why careful planning and focused strategy matter.
Can a parent get more parenting time without changing the whole plan?
In some situations, a parent can seek a “minor” modification that adjusts parenting time without changing the primary residence. These smaller changes still require a substantial change in circumstances, but the standard is somewhat lower than for a full custody change (RCW 26.09.260(5)).
Will child support change if the parenting plan changes?
A change in the parenting plan can affect child support, but it is not automatic. A shift in the primary residential parent or a significant increase in overnights for the paying parent may justify recalculating support, while small schedule adjustments may not.
➡ Learn more at Child Support in Washington State
Do temporary changes or temporary parenting plans affect modification?
Courts recognize that parents sometimes adjust schedules temporarily, for example during an illness or short-term crisis. Temporary changes or temporary parenting plans are usually not enough by themselves to justify a permanent modification, especially if they arose only because of the litigation process (Marriage of Taddeo-Smith, 110 P.3d 1192 (2005)).
Can I change the parenting plan because my child wants to live with me?
A child’s preference cannot be the basis for a modification of the parenting plan. In fact, encouraging or talking to your child about changing the parenting plan could backfire and be taken as an attempt to alienate the other parent and hinder the relationship your child has with their other parent. If you meet one of the statutory basis for a change to the parenting plan in RCW 26.09.260, the court could take into account a child’s preference as part of a best interests of the child consideration (In re Marriage of Murray, 28 Wn. App. 187).
Does it matter how long the current schedule has been in place?
Yes. The longer a child has been in a particular routine, the more strongly the court will favor continuity. A schedule that has been stable for years is harder to change than one that is new or never really followed in practice (RCW 26.09.260(1); In re Marriage of Stern, 57 Wn. App. 707, 712, 789 P.2d 807 (1990).