Legal Question in Family Law in Washington

Grounds for parenting plan modification?

My boyfriend is divorced, has a parenting plan in place, and pays his child support every month on time. He has 2 children 17 & 15 who reside with their mother but decision making is 50/50 and she is the designated custodial parent only where Wa. law demands that there be one. The 15 yr old child now wants to live with the father. The child was moved through 4 different schools this year and is now enrolled in a program that requires the mother to school her at home but is failing due to her mothers lack of participation. The mother allows her to maintain a live in intimate relationship with another girl, does not get her to school most times(she only has to go twice a week), does not keep regular Dr. and Dentist appts.,the mother does not work and lives with boyfriend the child doesnt like this and has told the mother repeatedly. The mother allowed the 17 yr old to live with her father for months this year but refuses to let the 15yr old. the mother seldom complys with the parenting plan and refuses to let the child see her father outside of the designated days and sometimes not even then, she uses that as punishment. Do we have a chance for a modification? Mediation didn't work, the mother refused.


Asked on 3/22/06, 2:02 pm

1 Answer from Attorneys
Christopher Steuart IT Forensics, Inc.

Re: Grounds for parenting plan modification?

It is good that he tried to invoke the mediation clause (I presume a written documentation of the request and rejection is available). The first step here may be to do a motion for contempt (for violation of the parenting plan). Multiple contempt citations is a basis for modification of the parenting plan. You will want to have more evidence than just your own declaration. Email, copies of voice mails (not recordings of actual phone conversations unless you have waiver or consent to record), declarations by other people (observation not just a declaration about what he or you told them, i.e. your declaration would be useful, if you have actual personal knowledge). One possible additional benefit of contempt is that if you are successful he would get an order for former spouse to reimburse him for attorney's fees.

Read more
Answered on 3/22/06, 3:10 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Washington