Parenting is a deeply emotional topic, especially when you’re divorced and don’t want the same things as your child’s other parent. Creating a parenting plan (or custody arrangement) and getting the judge to agree could be a challenge.
Washington State has legal guidelines that protect the child’s best interest when their parents are divorced or separated. Below, we’ll discuss how to design a parenting plan according to state law.
What’s Included In a Parenting Plan?
A parenting plan in Washington State should include all of the following:
- Who can make major decisions about school, health care, and other important matters.
- How disputes between parents will be resolved.
- Who is the custodian for legal purposes.
- The parenting time schedule for school-age and non-school-age children.
- How conflicts in scheduling will be handled.
- Transportation arrangements for exchanging children between parents.
- Any reasons why one parent’s time with their child should be limited.
Sometimes parents who have good relations and live close together have parenting plans that give them equal time (50/50 or close to that). In other cases, a non-custodial parent might spend every other weekend or five days out of every two weeks with the child. Parenting plans that give unequal parenting time often give the non-custodial parent more time during school breaks.
Before approving a parenting plan, the judge must consider the child’s best interest. The most important factor is the child’s relationship with each parent, followed by any agreements between the parents. Issues like abuse, domestic violence, sex offenses, abandonment, neglect, drug or alcohol abuse, and emotional or physical problems could cause the judge to limit the child’s time with a parent.
How to Build Parenting Plans
To make a parenting plan, you will need to think about your child’s needs and your family’s circumstances. For instance, if your child is school age, they will need to get to school every day, which might affect which parent they should live with on school nights. If one parent cannot provide a stable, loving home for the child, it might be in the child’s best interest to live primarily or solely with the other parent.
Looking at the parenting plan form can help you see which aspects of parenting you need to consider. You can find the form on the Washington State courts website.
If you already have a parenting plan and need to modify it (for instance, because you’re planning to move), you will need to go through the appropriate legal processes and notify the other parent in advance. The other parent can object to the changes you propose, as well as to your move if it’s outside of the child’s school district and you’re planning to take the child with you. In most cases, judges allow parents to relocate even if they’re moving far away, but they may require a change to the parenting plan.
We recommend talking with a lawyer before you file your parenting plan. Even if you can’t afford to have a lawyer handle your case for you, it’s wise to at least get legal advice on how to best maintain your rights and protections for your child.
Getting Your Parenting Plan Legally Approved
Washington State judges typically order parenting plans during family law cases that involve divorce, legal separation, and changes of custody. If you are legally recognized as a parent, you can file a parenting plan form as either a proposal, an order, or an agreement, depending on the stage of your family law case.
If you and the other parent can agree on how you want to raise your child, you can fill out and both sign a parenting plan to show the agreement. The judge will most likely approve a plan that both parents have agreed on.
Otherwise, the judge will decide on a parenting time schedule based on what they believe to be the child’s best interest. You can propose a parenting plan to tell the other parent and the judge what you want, but there is no guarantee that the judge will agree to it. If a judge has already made a decision at a temporary orders hearing or child, you must fill out a parenting plan order that shows the judge’s decision.
Need Help With Your Parenting Plans?
The Anderson Hunter Law Firm is here to support you through the divorce or parenting arrangement process. Our skilled, compassionate family lawyers have helped hundreds of parents like you.
Schedule a consultation today for assistance with your case or legal advice on how to draft a fair parenting plan.