Parenting Plan Modification Process

Summary

Parenting plans can be modified if there is a significant change in circumstances, but court approval is required. Evidence of retaliation is considered in custody decisions. Document any instances of retaliation and consult with a legal professional. In Washington State, temporary protection orders can be extended. Contact King County Superior Court for more information.

Full Conversation

Valyn
Nice to meet you, Valyn. Could you please describe the legal issue you're facing?
Can a parent modify a parenting plan that was recently signed by both parties and is permanent?
What is the reason for wanting to modify the parenting plan?

General Information:
- Parenting plans can be modified, but usually require a significant change in circumstances.
- Court approval is typically required for modifications.
The opposing party wants to change the parenting plan.
What specific changes does the opposing party want to make to the parenting plan?

General Information:
- Changes to parenting plans usually focus on custody or visitation schedules.
- The court considers the child's best interest.
Partial custody of 3 year old child
What is the reason for the opposing party wanting partial custody of the child?

General Information:
- Courts usually consider the child's best interest when deciding on custody modifications.
- The court's decision may depend on various factors such as the child's age, health, emotional ties, etc.
Retaliation against me.
What evidence do you have to support your claim of retaliation?

General Information:
- Courts consider evidence of retaliation when making custody decisions.
- It's important to document any instances of retaliation.
I opened a CPS case and got a temporary protection order and now the opposing party wants to modify our parenting plan.
What is the current status of the CPS case and the temporary protection order?
CPS case closed. Temporary protection order is still in effect.
What is the duration of the temporary protection order and in which state was it issued?
30 days and Washington State
What is the remaining duration of the temporary protection order?

General Information:
- In Washington State, a temporary protection order typically lasts up to 14 days, but can be extended.
- Contact King County Superior Court at (*) *-* for more information.
Can a person modify a parenting plan after a permanent one has been in place?
What is the reason for wanting to modify the parenting plan?
Oppsing party wants to modify out of Retaliation.
What evidence do you have to support the claim of retaliation?

General Information:
- Courts consider evidence of retaliation when making custody decisions.
- It's important to document any instances of retaliation.
Written and actions.
What specific actions and written evidence do you have that demonstrate retaliation?
Written was a comment saying " Dont make me do something drastic I dont want to have to do."
What is the context and timing of this written comment in relation to the parenting plan and the retaliation claim?
A few weeks apart
What actions were taken by the opposing party that you believe were retaliatory?
Trying to modify the parenting plan in the opposing parties favor.
What is the current status of the modification request for the parenting plan?
Mediation is being held.
What is the outcome you're hoping for from the mediation process?
Current parenting plan staying the same.
What steps have you taken to prepare for the mediation process?
Talking to legal counsel.
What advice has your legal counsel provided regarding the mediation process?
Nothing
What is the name and contact information of your legal counsel?
NA
What is the name of the mediator and the date of the mediation session?
NA
What is the current custody arrangement in the existing parenting plan?
Primary custody me (the mother) every other Saturday and Sunday with the father.
What is the reason the opposing party is giving for wanting to modify the parenting plan?
Reason unknow. Has not given a reason.
What is the name of the court where the mediation is being held?
Unknow.
Unknown
What is the age of your child and how long has the current parenting plan been in effect?
Child is 3 years old and the current parenting plan has been in place for 4 months.
What is the specific change in the parenting plan that the opposing party is seeking?
Partial / More custody
What is the current visitation schedule and what changes in custody is the opposing party proposing?
Every other weekend and there are no changes.
What is the proposed visitation schedule by the opposing party?
* percent custody
What is the opposing party's reasoning for wanting * percent custody?
Reason unknown.
What is the current living situation and environment of the child?
Healthy and great.
What evidence do you have to demonstrate that the current living situation and environment is healthy and great for the child?
Pictures, schooling, doctors appointments and dental appointments, health and clean environment with love.
What is the opposing party's relationship with the child like, and how often do they currently see the child?
Average and every other Saturday and Sunday
Relationship with the child is average. The child sees the father every other Saturday and Sunday.
What is the father's reason for wanting to increase his custody to *%?
No reason
What is the father's current relationship and involvement with the child like, outside of the scheduled visitations?
Absent. Nothing.
What evidence do you have to support the claim of the father's absence and lack of involvement outside of scheduled visitations?
Phone call logs, text messages and people vouching for these claims.
What is the nature of these phone call logs and text messages, and who are the people vouching for these claims?
The lack of communication from the father to the child. And people in the childs everyday life.
The lack of communication from the father to the child.
What specific instances of lack of communication from the father to the child can you provide?
No phone calls, no video calls, no text messages checking on the child. Has denied extra time with the child.
What is the frequency of these instances and over what period of time have they been occurring?
1 year
What impact has this lack of communication had on the child?
The child does not talk about the father, or asks about communicating with the father.
What steps have you taken to encourage communication between the child and the father?
Communication with the childs father
What specific actions have you taken to facilitate communication between your child and their father?
Talking to childs father about child. Telling childs father he can call his child whenever he wants.
What has been the father's response to your attempts to facilitate communication between him and the child?
Nothing. Denies communication.
What steps have you taken to document these instances of denied communication?
Written down.
What is the name of the court where the parenting plan was originally established?
Pierce county court
What is the specific change in the parenting plan that the opposing party is seeking?

General Information:
- Pierce County Superior Court: * Tacoma Ave S, Tacoma, WA *, USA. Phone: +* *-*-*
- Always consult with a legal professional.
Full custody
Full custody
What is the basis for the opposing party's request for full custody?
Nothing
No basis
Nothing.
I need to speak with a person probono
What specific legal issue are you currently facing that requires pro bono assistance?
Someone is retaliating against me
What form is the retaliation taking? It's important to know this to understand your legal options.
Parenting plan modification
What specific changes are being proposed in the parenting plan modification? This will help us understand your situation better.