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Procedure for seeking modification to parenting plan in WA state, parent's right to modify child custody in WA

Washington |

The original parenting plan states I should have my kids every other weekend, but for the last 6 years I have had them Thursday-Sunday EVERY weekend, (their mother who is the custodial parent and I agreed to that because of her work schedule) now all of the sudden she gets married, and is not employed anymore, she wants to take the kids away from me and go back to the original parenting plan, and when I read the WA state laws, they don't allow the non-cusodial parent more then 90 overnights a year. Wont the courts even consider the fact that we have done this for the last 6 years, and it worked out great for the kids, they excell in everything, should I request a major parenting plan modification, or should I not waste everybodys time? I heard you can pretty much get joing custody only if the mother agrees. How is a father that is willing and wanting suppose to even have relationship with his kids when he only sees them for 2 1-2 days every 11 days? When will fathers be considered more then just a child support provider?

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Attorney answers 1


It is understandable to feel as if you are lumped into a broad category, such as "Fathers", sometimes when dealing with the legal system. However, Courts do try to address each set of parents as unique. There are many factors to consider before deciding to ask for a change in your parenting plan; however, changes agreed to by the parents, which appears to have occurred in your case, are a factor the Court will consider. The fact you had a long period of "extra" contact with the children is an important factor. However, it would be unusual for one parent to have every weekend if the parents live in reasonable proximity. That said, the history of your contact might be a good basis for increasing the overall amount of time you have with the children. This matter should be presented to an attorney so he/she can assess all of the facts and involved legal issues.

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