Wheeler, Montgomery
& Boyd Law Offices
902 Esther Street,
Vancouver, WA 98660.
PHONE: (360)690-0064
FAX: (360) 690-0068
EMAIL:
A parenting plan modification involves the Court changing an existing provision of a parenting plan. The petition to modify may seek to change only a few specifics of the day-to-day parenting arrangements or it may seek to alter the custody arrangement itself. In order to get Court approval of a modification, there must be a substantial change in circumstances of either the child or the parent. There are statutory differences to "major" and "minor" modifications. Parenting plan modifications are often the most technical and there is real potential that petitions do not survive the "adequate cause" hearing, which is early in the process.
It is important to remember that modifications are not cases of first impression. The modification statute limits what rises to the level of reopening a matter and the standard is not simply the "best interests" of the child.
Perhaps more than any other family law matter, parenting plan modifications have specific statutory requirements to be successful. Without the correct pleaded provisions, a factually adequate modification may be dismissed on procedural grounds. Our attorneys can help navigate those technicalities and insure that your case is heard on the merits.