Legal Question in Family Law in Washington
Petition for Modification of Custody
When my husband and I divorced 3 years ago, I mistakenly agreed to him being the custodial parent if I was granted 60% time with out daughter (his idea). He has made questionable parenting choices (leaving her at the park to run home - nearby- for 5 minutes, left her sleeping in a locked car, housed a homeless man while she was staying with him, etc.). Also, I suspect that he wanted to have primary custody so that he wouldn't have to pay child support (I left him) and he doesn't. What do you think my chances are at gaining ''custodial parent'' status? I have printed out what seems to be the first step in forms: ''Petition for Modification of Custody Decree/Parenting Plan/Residential Schedule.'' Thank you.
1 Answer from Attorneys
Re: Petition for Modification of Custody
The petition for modification of the parenting plan is the document that states what you want (you will also have to prepare the summons, a proposed parenting plan, child support worksheet and a law enforcement information form (and perhaps other documents based on local rules). Your trial date will be several months out (also varies depending on local rules), so you may want to simultaneously file (and note and serve) a motion for temporary orders that would effect the changes in a matter of a few weeks pending final resolution. I will not comment on your prospects of success because there are many other facts that I would want to know before I could evaluate whether this is an appropriate course of action.
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