Legal Question in Family Law in Washington
Custody Modification
What's important to include in my declaration of facts? I will be home for the next 3 months before school starts again and want custody of my daughter, whom is split 50/50 with her dad. He hasn't done anything wrong so how do I prove that she will be better off with me?
1 Answer from Attorneys
Re: Custody Modification
Unless the father agrees to the modification you are going to have to prove that it is in the best interest of the child to make this modification. I am going to assume that by "custody" you are referring to designation of primary residential parent. If you are looking to change the primary residential parent you are engaging in a major modification. You should read RCW 26.09.260 for a detailed description of what is required for a modification and consider carefully what you want to do. You will have to clear what is called a threshold hearing. If you are unsuccessful you could be assessed attorney's fees. There has been an amendment of RCW 26.09.260, effective July 26, 2009, only affects situations where one or both parents are in the armed forces.