A parenting plan is a legally binding court order that establishes the rights and responsibilities of parents for their children after a separation or divorce. Its purpose is to create a stable and predictable routine that serves the child’s best interests. This document outlines where the children will live, how parents will make decisions, and how they will resolve future disagreements.
Situations Requiring a Parenting Plan in Washington
A parenting plan is a legal necessity in several family law cases in Washington. For a dissolution of marriage (divorce) or legal separation, a court will not grant a final decree without an approved plan. These plans are also central to parentage actions, which are cases filed to establish a child’s legal parents when they were never married.
Once paternity is legally confirmed, a parenting plan is required to formalize custody and decision-making authority. A proposed plan must be submitted in these proceedings under RCW 26.09.181.1Washington State Legislature. RCW 26.09.181: Procedure for Determining Permanent Parenting Plan
Core Components of a Washington Parenting Plan
Washington law specifies several mandatory components for a court-approved parenting plan. The foundation is the residential schedule, which details where the child will live on a day-to-day basis. This schedule must be specific, outlining arrangements for weekdays, weekends, holidays, and school breaks.
Another element is the allocation of decision-making authority, which designates whether one or both parents can make major decisions about education, non-emergency healthcare, and religious upbringing. The plan must also include a dispute resolution process, specifying the method parents will use to solve disagreements, such as mediation, before returning to court. Every plan must also address the potential relocation of a parent with the child, access to school and medical records, and transportation arrangements.
In cases where a parent’s conduct could endanger a child, a court may impose limitations under RCW 26.09.191.2Washington State Legislature. RCW 26.09.191: Restrictions in Temporary or Permanent Parenting Plans These restrictions can limit a parent’s residential time or decision-making power due to factors like domestic violence or substance abuse.
Gathering Information and Making Key Decisions for Your Plan
Before drafting a parenting plan, parents must collect specific information. This preparation involves gathering the full legal names and birthdates of both parents and all children, along with current contact details and addresses. Parents should compile information about their children’s daily lives, including school schedules, daycare arrangements, extracurricular activities, and any specific medical or developmental needs.
This preparatory work is for completing the official “Parenting Plan” (form FL All Family 140), available on the Washington Courts website. The detailed schedules, decision-making protocols, and transportation logistics developed during this stage are entered directly into the corresponding sections of this form.
Pathways to Creating Your Parenting Plan
Parents in Washington have several avenues for developing their parenting plan. The primary options include:
- Mutual Agreement: Parents work together, with or without attorneys, to negotiate and settle all aspects of the plan, which allows them to maintain control over the outcome.
- Mediation: When parents cannot agree, a neutral third party facilitates discussion to guide them toward a resolution. Many Washington courts require parents to attempt mediation before a trial.
- Collaborative Law: For more complex situations, this process involves parents and their specially trained lawyers committing to resolving issues without going to court.
- Guardian ad Litem (GAL) or Parenting Evaluator: If agreement remains out of reach, a court may appoint a professional to investigate the family’s circumstances and make recommendations to the judge.3Washington State Legislature. RCW 26.12.175: Appointment of Guardian Ad Litem
As a last resort, if other methods fail, the parents will proceed to litigation. A judge will then make the final decisions about the parenting plan after a court hearing or trial.
Submitting Your Parenting Plan for Court Approval
Once a parenting plan is completed and signed, it must be submitted to the Superior Court for a judge’s approval to become a legally enforceable order. The plan is filed as part of a larger family law case, such as a divorce or parentage action. Parties must also file other documents, including a proposed Order on Parenting Plan and a Confidential Information Form.
A judge or court commissioner reviews the plan to ensure it meets all legal requirements and serves the best interests of the children, as required by RCW 26.09.187.4Washington State Legislature. RCW 26.09.187: Criteria for Establishing Permanent Parenting Plan If both parents have agreed to the plan and it complies with state law, the judge will likely sign it. If the judge has concerns, or if parents submitted competing proposals, a court hearing may be scheduled. Once the judge signs the final order, the court clerk provides conformed copies to both parents.
Changing an Approved Parenting Plan in Washington
An approved parenting plan is a final court order, and any changes must be formally approved by a judge to be enforceable. Informal agreements between parents to deviate from the plan are not legally binding. Washington law sets a high standard for modifying a plan to promote stability for the child under RCW 26.09.260.5Washington State Legislature. RCW 26.09.260: Modification of Parenting Plan or Custody Decree
The law distinguishes between major and minor modifications. A major modification, which involves changing the child’s primary residence, requires proof of a “substantial change in circumstances” of the child or the non-moving parent. The parent requesting the change must also show that the modification is necessary to serve the child’s best interests.
Minor modifications, or adjustments, involve smaller changes that do not alter the primary residential parent and do not exceed 24 full days of residential time in a year. To request any change, a parent must file a Petition for Modification of Parenting Plan and serve it on the other parent. The existing plan remains in effect until a judge signs a new order.