Child Custody Modifications Attorney in Vancouver, Washington

Life is constantly changing. Children grow, parents want to relocate and get a new job, and circumstances change. Those changes can drastically affect both the parents and the children. As a result, custody arrangements that may have originally worked can become difficult to abide by.  

In this regard, many parents wonder if it is possible to make changes to their existing child custody agreement or parenting plan. Fortunately, if circumstances have changed significantly, they may warrant a modification. However, getting the petition for modification approved may not always be easy.  

If you are contemplating making changes to your current parenting plan, contact Keystone Family Law. Our family law attorney in Vancouver, Washington, can help you seek the necessary changes to your parenting plan and ensure that your requests are approved by the court. We also represent parents who oppose a modification they do not agree with. We serve clients in Vancouver, Washington, and all the cities in Clark County, including Camas where our office is based.  

Understanding Child Custody Modification 

A parenting plan is a court order that outlines the details of the parent’s physical and legal custody following their separation or divorce. These plans set forth everything from visitation schedules, holiday sharing, and plans for special dates (e.g., the child’s birthday) to decision-making, parental rights/responsibilities, and transportation arrangements.  

However, as time passes, one or both parents may feel that their existing plan is no longer working. When this happens, parents may seek changes to their current parenting plan. In some cases, parents may be able to make small modifications (e.g., changing the pickup/drop-off location) quite easily, while larger modifications can be harder to get.  

Legal Process and Requirements in Washington State 

The parent seeking to modify a child custody order in the state of Washington must file the appropriate forms to the court, including a “Petition for Modification/Adjustment” of the parenting plan or child custody order. The moving party should specify the changes they are seeking and demonstrate proof that there has been a substantial change in circumstances since the original plan was entered.  

At least 21 days after the Petition has been service, an adequate cause hearing should be held to determine whether the requested modifications to the existing order are appropriate and in the best interests of the child. The moving party must first convince the court that the circumstances justify a trial on the requested modification. 

Both parents will be required to attend the hearing to present their arguments to the judge, but it is the parent requesting changes who has the burden of showing there is sufficient reason to modify the order. Washington courts strive to ensure that children are raised in a stable environment with minimum disruptions. For this reason, judges will generally avoid granting modifications unless the child’s best interests require the proposed changes.  

Common Scenarios for Modification  

Parents may wish to request changes to a parenting plan for various reasons. Some of the most common scenarios for child custody modifications include:  

• A parent’s relocation 

• Integration into the non-primary parent's household with the consent of the primary parent.

• A parent’s refusal or inability to follow the terms of the existing parenting plan  (The court has found the nonmoving parent in contempt of court at least twice within three years because the parent failed to comply with the residential time provisions in the parenting plan)

• The child’s safety or well-being will be at risk if the current order remains in place 

• A significant change in the living arrangements or personal circumstances of one of the parents 

Regardless of the reason for a modification, the parent asking the court to change the current child custody order must prove that (a) the change in circumstances is substantial and (b) the requested modification would be in the child’s best interest. In most cases, establishing these two things will require the assistance of a skilled child custody modifications attorney, especially when the other parent does not agree with the proposed changes to the current plan.  

Factors Considered by the Court 

Washington state requires that all decisions made regarding parenting plans and child custody orders meet the “child’s best interests” standard. For this reason, courts will consider the following factors when determining whether the requested modifications are appropriate:  

• Do both parents agree on the proposed changes?  

• Would the requested modification serve the best interests of the child?  

• Has any of the parents violated the current order and been found in contempt of court?  

• Has any of the parents interfered or attempted to interfere with the other’s right to exercise custody/visitation?  

In the eyes of the court, any drastic changes to the child’s current living arrangements can be stressful and harmful to their healthy and stable upbringing. For this reason, the court will have to determine whether the positives of the proposed change outweigh the negatives to justify the modification.