What does it take to modify custody?

[wasthestep]

Current PP in effect for 4 years.  DH Primary Custodian.

Nothing major has changed since then.

DH has now been a single parent for 1 year.

BM is moving 1 hour away.  Wants child to move with her.

[4honor]

Modification of a Parenting plan takes a change of circumstances in the primary custodian's life or the life of the child.

She could get a minor modification, but your facts don't show any obvious change in circumstances... so changing custody is unlikely.

What is the current split in time?

Child in school yet?

A modification is a change of 24 days/overnights or more (according to the information I have).  A minor modification is less than that or a change of non-residential factors (transportation, etc.)

When is she planning on moving? Search the //www.access.wa.gov site for "relocation" statutes in RCW 26.09. It gives the amount of time prior to moving she needs to bring this matter up to the court.

It can tell you some things to expect and what to do if you do not get proper notice.


PLEASE NOTE:   I AM NOT A LAWYER (MY PARENTS WERE MARRIED)