Can I Modify My Parenting Plan?

So, you have a parenting plan that is no longer viable or simply isn't being followed for one reason or another. Maybe your child's needs have changed, maybe one parent has relocated, or perhaps the current arrangement is no longer safe for the child due to the other parent's household. Whatever the reason, you may find yourself wondering: Can I modify my parenting plan in Washington State?

The answer is yes, but the process depends on the circumstances. While parents can agree to modify their plan together, things become more complicated when the other parent does not consent to the change. In that situation, the first—and often most important—legal hurdle is obtaining a court finding of adequate cause. This step determines whether your request has enough factual and legal support to move forward to a full hearing. Without it, the modification case ends before it ever really begins.

There is a strong presumption against modification.¹ From a public policy perspective there is good reason for there to be a high burden to modify a parenting plan. Imagine how often parents would be attempting to modify if it were easily permitted. To obtain a hearing on a petition to modify a parenting plan, the moving party must establish adequate cause to alter the existing plan. RCW 26.09.270. To establish adequate cause, the moving party must show a substantial change of circumstances.² A substantial change must be a "bona fide change in circumstances."³ "The primary purpose of the threshold adequate cause requirement is to prevent movants from harassing nonmovants by obtaining a useless hearing."⁴

Once you have successfully demonstrated that a substantial change in circumstances has occurred, the court will enter an Order on Adequate Cause. This critical step clears the way for your Petition to Change the Parenting Plan to move forward to the next stage of the process. At this point, you may also request temporary relief. You can file a Motion for Temporary Orders at the same time as you file your Motion for Adequate Cause, or you may choose to file them separately, depending on the needs and urgency of your situation. In most cases, the court will address both motions during the same hearing to streamline the proceedings and provide timely direction for the parents and the child.

It's important to remember that the court cannot make any changes to the existing Final Parenting Plan unless and until it determines that adequate cause exists. This safeguard ensures that modifications are considered only when they are truly necessary and in the best interests of the child(ren). By understanding this threshold requirement and preparing your evidence carefully, you position yourself for a more effective and informed approach to seeking modification.

Footnotes

1 In re Marriage of McDole, 122 Wn.2d 604, 610, 859 P.2d 1239 (1993).

2 In re Marriage of Parker, 135 Wn. App. 465, 471, 145 P.3d 383 (2006).

3 In re Marriage of Pape, 139 Wn.2d 694, 716, 989 P.2d 1120 (1999).

4 In re Marriage of Adler, 131 Wn. App. 717, 724, 129 P.3d 293 (2006).

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.