Fighting for Your Parental Rights & Your Children's Best Interests

When parents separate—through divorce, legal separation, or paternity case—the court must establish a parenting plan.

During Divorce

Parenting plan is part of the divorce decree. Process:

1. Temporary parenting plan — Established early in divorce (within 30 days of filing); sets interim custody/visitation until final decree
2. Parenting plan proposals — Each parent submits proposed plan
3. Negotiation — Attorneys negotiate agreed plan, or
4. Trial — Judge decides if parents can't agree

Paternity Cases (RCW 26.26A)

When parents were never married, custody established through:

• Voluntary acknowledgment of paternity (both parents sign AOP at hospital or later)
• Court order establishing paternity (genetic testing if paternity disputed)
• Parenting plan follows paternity establishment

Non-Parental Custody Actions (RCW 26.10)

Third parties (grandparents, relatives, non-relatives) can petition for custody if:

• Child isn't in parent's physical custody, or
• Petitioner can show parent is unfit or custody with parent would be detrimental to child

Life changes. Kids grow up. Parents move, remarry, have more children, change jobs. When circumstances change substantially, parenting plans can be modified.

Standard for Modification (RCW 26.09.260)

Court can modify parenting plan if:

1. Substantial Change in Circumstances has occurred, AND
2. Modification is in child's best interests

"Substantial change in circumstances" includes:

• Parent relocates (moves 25+ miles or out of state)
• Parent remarries (new household, step-parent, step-siblings)
• Child's needs change (special education, medical needs, behavioral issues, therapy)
• Work schedule changes (shift change, job loss, new job affecting availability)
• Parent's health deteriorates (physical or mental health issues affecting parenting)
• Other parent interferes with parenting time (consistent violation of orders, parental alienation)
• Child's preference changes (older child expresses desire to change primary residence)
• New evidence of abuse, neglect, or substance abuse
• Parent's new romantic partner is dangerous (criminal history, abuse, substance abuse)
• Child is not thriving under current plan (poor grades, behavioral problems, emotional distress linked to current arrangement)

Modification Limitations (Restrictions on Filing)

To prevent constant re-litigation, Washington law restricts modification petitions:

Two-Year Restriction (RCW 26.09.260(2)(a))

Can't modify residential schedule within 2 years of entry or last modification unless:

• Both parents agree to modification
• Child integrated into petitioner's home with other parent's consent
• Child's present environment is seriously endangering physical, mental, or emotional health

One-Year Restriction (RCW 26.09.270)

After final parenting plan entered, can't file modification based on changed circumstances for 1 year unless:

• Affidavit alleges child's present environment seriously endangers child's health

Exception: Endangerment

If child's environment seriously endangers the child's physical, mental, or emotional health, court can modify at any time.

Adequate Cause Hearing

Before modifying residential schedule, petitioner must first demonstrate adequate cause—showing there's a substantial change in circumstances warranting modification. If court finds adequate cause, case proceeds to full hearing/trial on the merits.

What We Do

For Parents Seeking Modification:

• Gather evidence of changed circumstances (new work schedule, relocation, other parent's interference, child's struggles)
• Document pattern of violations or problems
• Interview witnesses (teachers, counselors, childcare providers)
• Present evidence child's best interests support modification
• Show you've been involved, consistent, supportive parent
• Propose new schedule that serves child's needs

For Parents Opposing Modification:

• Challenge adequacy of "changed circumstances" (argue changes are minor or temporary)
• Show current plan is working well (child thriving, happy, adjusted)
• Expose improper motives (vindictiveness, retaliation, control)
• Demonstrate stability and consistency of current arrangement
• Present evidence petitioner's proposed plan not in child's best interests

When the residential parent (parent with majority of residential time) wants to move more than 25 miles away or out of state, they must comply with relocation statutes (RCW 26.09.405 et seq.).

Notice Requirements

Relocating parent must provide:

• 60 days' advance notice (before moving)
• Specific content required (new address, date of move, reasons, proposed revised parenting plan)
• Certified mail or personal service to other parent

If domestic violence involved: Notice period reduced to 30 days, and relocating parent may withhold new address (provide only city/state).

Non-Relocating Parent's Options

1. Do nothing — Relocation is approved by default
2. Agree to relocation — Sign agreed order revising parenting plan
3. Object to relocation — File objection within 30 days (triggers hearing)

Relocation Trial

If non-relocating parent objects, court holds trial. Burden of proof depends on existing residential schedule:

If relocating parent has majority of residential time:

Relocating parent has burden to prove relocation is in child's best interests.

Factors court considers (RCW 26.09.520):

• Reason for relocation (job opportunity, family support, new spouse's job, lower cost of living, escaping abuse) vs. frivolous reasons (spite, interfere with other parent)
• Child's relationship with both parents
• Quality of life improvement for child (better schools, safer neighborhood, extended family nearby)
• Feasibility of maintaining relationship with non-relocating parent (distance, transportation costs, age of child)
• Child's preference (if age-appropriate, typically 12+)
• Impact on child (leaving school, friends, activities, familiar environment)
• Non-relocating parent's involvement (active, consistent parent vs. minimal involvement)
• History of domestic violence
• Whether relocating parent likely to comply with revised visitation (history of interference vs. cooperation)

If non-relocating parent has majority of residential time:

Burden shifts—non-relocating parent must prove relocation not in child's best interests.

Remedies if Relocation Denied

If court denies relocation:

• Relocating parent can't move with child
• If relocating parent moves anyway, court may transfer primary residential custody to non-relocating parent
• Contempt of court (penalties)

Common Relocation Scenarios

• Job opportunity in another state — Strong case if: significant income increase, career advancement, better quality of life for child. Weak case if: lateral move, marginal benefit, primarily benefits new spouse.
• Remarriage / new partner — Moderate case if: stable relationship, extended family support in new location. Weak case if: new relationship, moving for convenience of new partner, non-relocating parent very involved.
• Returning to home state — Strong case if: extended family support, lower cost of living, better schools.
• Military orders — Strong case—courts generally defer to military necessity (but must still assess best interests).
• Escaping domestic violence — Strong case—safety is paramount.

We represent both relocating parents (seeking approval) and non-relocating parents (fighting to keep child nearby).

Sometimes non-parents seek custody when parents are unable or unfit to care for child.

Non-Parental Custody Actions (RCW 26.10)

Who can file:

• Grandparents
• Aunts/uncles
• Siblings (adult)
• Step-parents (in some cases)
• Any person with significant relationship with child

Requirements:

Petitioner must prove either:

1. Child is not in physical custody of parent (living with grandparent, relative, or foster care), OR
2. Parent is unfit or custody with parent would be detrimental to child

Parental fitness presumption:

Parents have a constitutional right to raise their children. Courts presume fit parents act in child's best interests. Petitioner must overcome this presumption with clear and convincing evidence.

Factors showing unfitness or detriment:

• Severe substance abuse (chronic addiction interfering with parenting)
• Untreated mental illness (psychosis, severe depression, suicidal ideation)
• Incarceration (long-term; can't care for child)
• Abuse or neglect (physical, sexual, emotional abuse; severe neglect)
• Abandonment (parent voluntarily relinquished custody for extended period)
• Child's strong attachment to third party (child views grandparent/relative as psychological parent)

De Facto Parent Status (RCW 26.26A.440)

De facto parent is a person who:

1. Lived with child in same household as child's parent
2. With parent's consent and participation, formed parent-child relationship with child
3. Performed majority of caretaking functions
4. Assumed parental role for substantial period (typically 6+ months for young child, longer for older child)

If established as de facto parent: person has same rights as parent (can seek custody, visitation; no need to prove parent unfit).

Common de facto parent scenarios: step-parent who raised child for years, same-sex partner of biological parent, grandparent who raised child with parent's consent.

Grandparent Visitation (RCW 26.10.160)

Grandparents can petition for visitation (not custody) if:

• Parent is denying visitation
• Ongoing relationship between grandparent and child exists
• Denial of visitation would harm the child (not just disappoint grandparent)

Burden: Grandparent must prove denial of visitation is detrimental to child. Courts balance grandparent's relationship with child against parental rights. Fit parent's decision to limit grandparent contact is given substantial weight.

Dependency Guardianship

If child is in CPS dependency case and reunification fails, court may appoint dependency guardian (often relative) instead of terminating parental rights. Guardian has legal custody; parents retain some rights (potential for visitation).

When a child is in immediate danger, emergency custody orders can be obtained ex parte (without other parent present).

When Needed

• Physical abuse (parent beats, injures child)
• Sexual abuse (parent or parent's partner molests child)
• Severe neglect (child left alone for days, no food, dangerous conditions)
• Substance abuse crisis (parent overdoses, passes out while supervising child)
• Domestic violence (child witnesses severe violence; child in danger)
• Parental kidnapping (parent takes child and won't return; threatens to flee with child)
• Mental health crisis (parent threatens suicide, homicide, psychotic break)
• Medical neglect (parent refuses life-saving treatment)

Process

1. File motion for emergency orders with detailed declaration (sworn statement) describing emergency
2. Ex parte hearing — Judge reviews immediately (same day or within 24–48 hours)
3. Temporary emergency order — If granted, immediately changes custody/visitation (e.g., suspends other parent's time, requires supervised visits)
4. Show cause hearing (within 14 days) — Other parent gets to respond; court decides whether to continue emergency order pending full hearing

Standard

Court must find child is in imminent danger or immediate harm will result without emergency intervention.

Insufficient for emergency order:

• General concerns about parenting
• Disagreements over parenting style
• Desire to "win" custody
• Inconvenience

Emergency orders are rare—judges scrutinize carefully because they deprive other parent of due process. False or exaggerated emergency allegations can backfire (loss of credibility, sanctions, attorney fees).

Child lives primarily with one parent; other parent has visitation (residential time).

Typical Schedules

• Every other weekend (Friday evening through Sunday evening) + one weeknight (dinner or overnight) = roughly 20% time with non-residential parent
• Alternating holidays (Thanksgiving, Christmas Eve/Day, New Year's, Easter, 4th of July, Labor Day)
• Summer vacation (often 2–4 weeks with non-residential parent)

When Used

• One parent historically primary caregiver
• Parents live far apart (shared schedule not feasible)
• Young children (benefit from stability of primary home)
• High conflict (minimal transitions reduce friction)
• One parent's work schedule makes equal time impossible

Child spends roughly equal time with both parents. Common 50/50 schedules:

Week-on, Week-off

Child alternates weeks with each parent.

Pros: Predictable; minimizes transitions

Cons: Long separation from each parent (tough for young kids); requires parents live close to school

2-2-3 Schedule

• Monday–Tuesday: Parent A
• Wednesday–Thursday: Parent B
• Friday–Sunday: Alternates (Parent A one week, Parent B next)

Pros: Never more than 3 days away from each parent; both get weekends

Cons: Frequent transitions (potentially disruptive)

2-2-5-5 Schedule

• Monday–Tuesday: Always Parent A
• Wednesday–Thursday: Always Parent B
• Friday–Sunday: Alternates (5 days, then other parent 5 days)

Pros: Consistent weekdays; both get extended weekends

Cons: Frequent transitions

3-4-4-3 Schedule

Rotating 3-day/4-day blocks.

When 50/50 Is Used

• Both parents equally involved historically
• Both parents live close to school
• Parents can cooperate and communicate
• Older children (handle transitions better)

Not equal, but more time than standard every-other-weekend.

Examples

• Every weekend + one or two overnights per week
• Three overnights every other week; one or two overnights on off-week

When Used

• Compromise between primary and shared schedules
• Both parents involved but one historically more primary
• Work schedules allow more than standard time but not 50/50

Parent's time with child supervised by neutral third party.

When Ordered

• Domestic violence history
• Substance abuse (until parent completes treatment, passes drug tests)
• Child abuse or neglect allegations
• Mental health concerns (untreated illness, threats)
• Parent hasn't seen child in years (needs supervised reunification)
• Sexual abuse allegations (pending investigation)

Supervision Options

• Supervised visitation center (professional facility; staff supervises)
• Therapeutic supervision (mental health professional supervises and facilitates)
• Family/friend supervision (court-approved person supervises)

Goal: Often temporary—parent works toward unsupervised time by completing treatment, demonstrating stability, and rebuilding trust.

In extreme cases, court suspends parent's residential time entirely.

When Ordered

• Severe abuse (physical, sexual)
• Active substance abuse with no treatment compliance
• Parental kidnapping risk
• Severe mental illness with violent behavior
• Parent poses imminent danger to child

Rare—courts prefer maintaining parent-child relationship even if supervised.