A parenting plan is a legally binding document that outlines how parents will share time and decision-making responsibilities for their children after a separation or divorce. It covers residential schedules, holiday arrangements, how major decisions will be made, and how disputes between parents will be handled.
Parenting Plans
Building a comprehensive plan for your child
Your child deserves a well-thought-out parenting plan to address their current and future needs, which may extend through adulthood. The plan addresses your child’s residential schedule (time spent with each parent), who will make major decisions, and how disputes will be resolved. Our family law attorneys will work with you to make sure the plan presented is comprehensive and meaningful.
Co-parents can negotiate the terms of a parenting plan without going through mediation or the court system. Still, it is always recommended you have an experienced family law attorney review your documents before finalizing them. Our attorneys understand where conflict may arise and can help to prevent problems before they appear.
Factors to consider
Creating a Parenting Plan
When creating a parenting plan, Washington State courts take the following seven factors into consideration:
1. The relative strength, nature, and stability of the child’s relationship with each parent
2. The agreements of the parties provided they were entered into knowingly and voluntarily
3. Each parent’s past and potential for future performance of parenting functions, including whether a parent has taken greater responsibility for performing parenting functions relating to the daily needs of the child
4. The emotional needs and developmental level of the child
5. The child’s relationship with siblings and with other significant adults as well as the child’s involvement with his or her physical surroundings, school, or other significant activities
6. The wishes of the parents and the wishes of a child who is sufficiently mature to express reasoned and independent preferences as to his or her residential schedule
7. Each parent’s employment schedule and accommodations consistent with those schedules
You will want to consider many circumstances: living arrangements, vacations, school, summer break arrangements, summer camp, learning to drive, piercings, tattoos, extracurricular activities, military service before the age of 18, and virtually any other major decision that may come up between now and adulthood. As different as each family is, as diverse as every family’s traditions are, each parenting plan is equally unique.
A FAMILY ROADMAP
When Do You Create a Parenting Plan?
It is common to create a parenting plan when divorcing, but it is best to have a formal parenting plan in place anytime two people are co-parenting a child in separate homes. A good plan can serve as a roadmap for the family. Both parents have an understanding of how decisions will be made and can avoid unnecessary conflict.
IF A CHANGE IS NEEDED
Modifying a Parenting Plan
Modifications can be costly, particularly if they require going to court. We can work with you to help you understand your best course of action. A skilled attorney from our firm can help mitigate conflict while advising you of your rights and any potential risks associated with filing a modification.
Frequently Asked Questions About
Parenting Plans in Washington
What is a parenting plan in Washington?
Does Washington require a parenting plan in every divorce involving children?
Yes. When children are involved, Washington courts require a parenting plan to be submitted and approved as part of the divorce or separation process. The plan can be agreed upon by both parents or ordered by the court if they cannot reach an agreement.
How does Washington determine what goes into a parenting plan?
The court uses the best interest of the child standard, looking at factors like each parent’s relationship with the child, the child’s adjustment to home and school, the mental and physical health of all parties, and each parent’s ability to support the child’s relationship with the other parent.
Can a parenting plan be modified after it is finalized?
Yes, but modification requires showing a substantial change in circumstances since the original plan was entered. Courts set a high bar for changes because stability matters for children, so working with an attorney before seeking a modification is strongly recommended.
What happens if one parent does not follow the parenting plan?
Violations of a parenting plan can be addressed through the court. Remedies may include makeup parenting time, modification of the plan, or in serious cases, contempt of court proceedings. Documenting violations is important if you plan to pursue legal action.
What should a good parenting plan include?
A well-crafted parenting plan should address the regular residential schedule, holiday and vacation time, how transportation between homes is handled, how parents will communicate about the child, and a process for resolving disagreements. Plans that anticipate future situations tend to work better long-term and reduce conflict down the road.
At what age can a child have input into the parenting plan in Washington?
Washington law does not set a specific age at which a child’s preference becomes controlling, but courts give increasing weight to a child’s stated preferences as they get older and demonstrate maturity. A child’s preference is one factor among many, not the deciding one.
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