Divorce In Washington State

In Washington State, the concepts of "custody" and "visitation" have been replaced with a residential schedule known as a "Parenting Plan," which sets out specific times the child will spend with each parent. If the parents can't agree on a parenting plan, the court makes those decisions based on what is in the "best interest" of the child. A parenting plan sets out details such as when the child will be with each parent, which parent will make what decisions regarding the child, how disputes between the parents will be resolved and any limits on parenting functions.

In deciding how much time each parent should spend with the child, the court considers many factors, including:

• The relative strength, nature and stability of the child's relationship with each parent, including whether a parent has taken greater responsibility for performing parenting functions relating to the daily needs of the child
• Any agreements the parents have made
• Each parent's ability to perform parenting functions
• The emotional needs and developmental level of the child
• The child's relationship with siblings and other significant adults
• The child's involvement with his or her school or other activities
• The wishes of the parents
• The wishes of a child who is sufficiently mature to express reasoned and independent preferences

After the Parenting Plan is signed by the judge and filed with the court clerk, both parents are bound by it. If a parent is denied court-ordered access to a child, he or she may start a contempt action by filing a motion with the court. The parent who violated the parenting plan can be held in contempt of court, fined and even jailed. The first time a parent is held in contempt, the court will order the parent to make the child available to make up the amount of time that was missed.

If a parent who is designated as a "primary residential parent" is held in contempt a second time in three years' time, the non-residential parent can ask the court to change the parenting plan to be named the primary residential parent for the child.

A Washington court will not modify a Parenting Plan unless there has been a "substantial change in the circumstances of the child or the non-moving party" and the modification is in the best interest of the child and necessary. To change the primary residential parent unless both parents agree to the modification, unless the child's present environment is detrimental to the child's physical, mental or emotional health and the harm likely to be caused by a change of environment is outweighed by the advantage of a change to the child.

The parent who is asking for a change in the Parenting Plan files a Petition for Modification. The court then holds what is called a "threshold" or "adequate cause" hearing, where the person bringing the Petition to Modify must tell the court the facts which support the request for a modification of the Parenting Plan. There is a presumption against changing the plan, as courts do not like to see a child bounced back and forth between parents. If the court decides at the adequate cause threshold hearing that the parent asking for the modification can establish grounds for making a change, the court will then schedule a hearing date to hear testimony on the merits of the case. If the court finds there isn't "adequate cause," the court will deny the modification of the parenting plan.