How to File for Child Custody in Washington State
Work on a parenting plan., Talk to a mediator., Fill out a "Parenting Plan" form., Have your forms reviewed., File the forms with your local court.
Step-by-Step Guide
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Step 1: Work on a parenting plan.
When a couple has children, custody is a major issue during a divorce or separation.
If both spouses can agree to a parenting plan, you can avoid having to have a hearing or trial to get a parenting plan from the judge.
Discuss potential plans with the other parent and try to come up with a fair way to divide the child's time between both of your homes.
Be sure to account for your work schedules and the child's school schedule.
For instance, if you cannot be at home when the child is home from school, consider letting the other parent have parenting time during those hours.
Decide who will get physical custody.
The child resides mainly with the parent who has physical custody.
The other parent gets visitation rights, and can visit the child or have the child visit him or her for parenting time at home.
Decide who will get legal custody.
A parent with legal custody has the right to make decisions about the child's education, healthcare, and religious upbringing.
Both parents can share legal custody, even when one parent has physical custody. -
Step 2: Talk to a mediator.
If you have any trouble reaching an agreement, you might want to try talking with a third party who can help you both make the best decision.
Washington has a network of Dispute Resolution Centers (DRCs), which offer mediation through private non-profit organizations.You can find a list of DRCs in each county at http://www.courts.wa.gov/court_dir/?fa=court_dir.dispute. , You can find blank Parenting Plan forms at https://www.courts.wa.gov/forms/documents/DR1_0400.pdf.
Write in the parenting agreement between you and the other parent.
The form is very detailed, prompting you to enter holiday and vacation schedules, and also has space to specify arrangements for other special occasions and events.
Follow the instructions printed on your forms, type or print neatly in blue or black ink, and answer each question as completely as you can.
If you and the other parent cannot come to an agreement, you will have to ask the judge to resolve the dispute at a trial or hearing.
The judge hears argument from both sides and will try to make a decision that is in the best interests of the child., Before anything is signed, have your forms reviewed by a courthouse facilitator.
Most courts in Washington have a courthouse facilitator program, which helps people with family law cases.
The facilitator's office is usually located inside the courthouse.Facilitators do not represent you or give legal advice, but they can usually review your forms and help you with any questions you have about the process. , Make copies of your forms and take them to the court clerk.
The clerk will stamp the original and the copies as "filed" and keep the original document.
The judge will review the agreement and sign the bottom of the form as long as there are no problems with the plan you have laid out.
Once the form is signed by the judge, the agreement becomes a court order, and both parents are required to follow the agreement.Custodial parents sometimes stop following the agreement when the noncustodial parent stops paying child or spousal support.
This is a violation of the parenting plan order.
You must continue to follow the plan even if the other parent stops paying. -
Step 3: Fill out a "Parenting Plan" form.
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Step 4: Have your forms reviewed.
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Step 5: File the forms with your local court.
Detailed Guide
When a couple has children, custody is a major issue during a divorce or separation.
If both spouses can agree to a parenting plan, you can avoid having to have a hearing or trial to get a parenting plan from the judge.
Discuss potential plans with the other parent and try to come up with a fair way to divide the child's time between both of your homes.
Be sure to account for your work schedules and the child's school schedule.
For instance, if you cannot be at home when the child is home from school, consider letting the other parent have parenting time during those hours.
Decide who will get physical custody.
The child resides mainly with the parent who has physical custody.
The other parent gets visitation rights, and can visit the child or have the child visit him or her for parenting time at home.
Decide who will get legal custody.
A parent with legal custody has the right to make decisions about the child's education, healthcare, and religious upbringing.
Both parents can share legal custody, even when one parent has physical custody.
If you have any trouble reaching an agreement, you might want to try talking with a third party who can help you both make the best decision.
Washington has a network of Dispute Resolution Centers (DRCs), which offer mediation through private non-profit organizations.You can find a list of DRCs in each county at http://www.courts.wa.gov/court_dir/?fa=court_dir.dispute. , You can find blank Parenting Plan forms at https://www.courts.wa.gov/forms/documents/DR1_0400.pdf.
Write in the parenting agreement between you and the other parent.
The form is very detailed, prompting you to enter holiday and vacation schedules, and also has space to specify arrangements for other special occasions and events.
Follow the instructions printed on your forms, type or print neatly in blue or black ink, and answer each question as completely as you can.
If you and the other parent cannot come to an agreement, you will have to ask the judge to resolve the dispute at a trial or hearing.
The judge hears argument from both sides and will try to make a decision that is in the best interests of the child., Before anything is signed, have your forms reviewed by a courthouse facilitator.
Most courts in Washington have a courthouse facilitator program, which helps people with family law cases.
The facilitator's office is usually located inside the courthouse.Facilitators do not represent you or give legal advice, but they can usually review your forms and help you with any questions you have about the process. , Make copies of your forms and take them to the court clerk.
The clerk will stamp the original and the copies as "filed" and keep the original document.
The judge will review the agreement and sign the bottom of the form as long as there are no problems with the plan you have laid out.
Once the form is signed by the judge, the agreement becomes a court order, and both parents are required to follow the agreement.Custodial parents sometimes stop following the agreement when the noncustodial parent stops paying child or spousal support.
This is a violation of the parenting plan order.
You must continue to follow the plan even if the other parent stops paying.
About the Author
Cheryl Russell
Enthusiastic about teaching pet care techniques through clear, step-by-step guides.
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