Exclusively Divorce and Family Law

Seattle Child Custody Lawyer: Creating a Parenting Plan

Seattle child custody lawyer for a Major Modification of a Final Parenting Plan

Once a final parenting plan is established there is a presumption against major modifications to the parenting plan because major changes can be very disruptive to the children. Major modifications include changing the designated primary parent, or significantly altering the residential schedule. McKinley Irvin can provide Seattle child custody lawyers thatunderstand the complexity of a major modification.

There are mandatory forms to use for parenting plan modifications which can be found at Seattle child custody lawyer.

A party may seek to modify a parenting plan pro se or with a Seattle child custody lawyer if a substantial change of circumstances has occurred in the residential life of a child, or if the circumstances surrounding the child or the non-moving party were unknown to the court when the parenting plan was entered. The modification must also be necessary to serve the best interests of the child. Some of the factors that can serve as the basis for a major modification include:

  • The parties agree to the modification;
  • The child has been integrated into the family of the party seeking modification with the consent of the other party; or,
  • The child's present residential environment is detrimental to the child's physical, mental, or emotional health; and, the harm that will likely be caused by a change in environment is outweighed by the advantage of the change to the child.

Because this is not an exhaustive list, a McKinley Irvin Seattle child custody lawyer should be consulted concerning the circumstances of any individual case.

For specific statutory language regarding major parenting plan modifications, please refer to 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 may be sought upon a showing of substantial change of circumstances of either parent or the child. Such circumstances may include a change of residence of one parent, or a change in one parent's work schedule. Minor modifications also include issues such as modifying the dispute resolution process or minor changes in the residential schedule that does not change the primary residence of the child.

Because the line between a major and minor modification is hard to distinguish, consulting a McKinley Irvin Seattle child custody lawyer who can evaluate your case is advisable.

 

 

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