When you separate from your child’s other parent, the parenting schedule becomes one of the most important, and
probably emotionally charged, issues you’ll face. Whether you’re establishing a residential schedule for the first
time, modifying an existing parenting plan, or dealing with a parent who refuses to follow court orders, the
decisions made now shape your relationship with your child for years.
Our Seattle family law attorneys handle parenting plan disputes with a focus on workable solutions and enforceable
orders. We represent parents seeking residential schedules that protect stability, address safety concerns, and
reflect the day-to-day realities of life in King County.
Call Dickson Frohlich Phillips Burgess’s Seattle office at (206)
621-1110 for a phone consultation
and discuss your parenting time concerns.
Choosing Our Seattle Child
Visitation Attorneys
Our attorneys solve parenting plan problems by focusing on what courts care about: the child’s best interests, the
statutory factors that guide residential schedules, and the evidence needed to support your position. The Dickson
Frohlich Phillips Burgess approach is document-driven and reality-tested. We review existing orders, communication
records, school and medical documentation, and parenting history to build a case grounded in Washington law.
Our Seattle office serves clients throughout King County, including Bellevue, Renton, Redmond, and surrounding
communities. Our family law attorneys in Seattle handle contested parenting plan
cases involving relocation
disputes, supervised visitation requests, modification petitions, and enforcement actions when the other parent
denies court-ordered time with your child.
We also represent parents negotiating temporary parenting plans during separation, crafting holiday and summer
schedules that work for both households, and responding to emergency motions filed by the other parent.
During your phone consultation, a Dickson Frohlich Phillips Burgess lawyer can discuss your parenting time situation,
the strength of your legal position, and the procedural steps required to protect your relationship with your child.
Washington’s Parenting Plan
and Residential Schedule Laws
Washington law uses specific terminology that differs from what most people call custody and visitation. Under
Washington statute, divorcing or separating parents must establish a Parenting Plan, which addresses decision-making
authority and the residential schedule.
RCW 26.09.184 defines a parenting plan as a document that allocates decision-making
authority, designates dispute
resolution methods, and sets a residential schedule specifying where the child lives and when each parent has time
with the child. The residential schedule replaces the older concept of visitation and treats both parents’ time with
the child as meaningful and legally defined.
Decision-Making Authority
Decision-making authority covers major decisions about the child’s education, healthcare, and religious upbringing.
Parents may share joint decision-making, or the court may allocate sole authority to one parent if conflict or other
factors make joint decisions impractical.
Residential Schedule
The residential schedule portion of the parenting plan specifies which parent the child resides with on which days,
including weekdays, weekends, holidays, school breaks, and summer vacation. Washington courts do not presume equal
time or any specific schedule. Instead, judges craft residential schedules based on the child’s best interests and
specific statutory factors.
How Washington Courts Decide Parenting Plans and Residential Schedules
RCW 26.09.187 requires courts to approve parenting plans that are in the child’s best
interests. Judges evaluate
multiple factors when determining the residential schedule, including:
- The child’s relationship with each parent, siblings, and other significant people
- Each parent’s past involvement in the child’s daily care and decision-making
- The child’s need for stability in home, school, and community
- Each parent’s ability to provide a safe, stable environment
- The child’s emotional needs and developmental stage
- Each parent’s work schedule and availability to care for the child
- Any history of domestic violence, substance abuse, or child abuse
- The wishes of the child, if the child is of sufficient age and maturity to express a reasoned preference
Washington courts also consider each parent’s willingness to encourage and facilitate the child’s relationship with
the other parent. A parent who interferes with the other parent’s residential time or undermines the child’s
relationship with that parent risks losing decision-making authority or residential time.
Judges do not favor mothers over fathers or assume equal time is always appropriate. The residential schedule must
fit the child’s actual needs, the parents’ availability, and the practical realities of each household.
Temporary Parenting Plans During Separation or Divorce
Most divorce and custody cases take time to resolve. During that period, parents need a legally enforceable schedule
to govern residential time. Temporary parenting plans provide interim residential schedules and decision-making
arrangements from the filing of a case until the court enters a final order.
Temporary parenting plan requests typically arise during the temporary orders phase early in a case. Either parent
can file a motion asking the court to establish a temporary residential schedule, temporary decision-making
authority, and temporary restrictions if safety concerns exist. King County judges decide temporary parenting plan
motions based on declarations, financial affidavits, and limited evidence, rather than the full evidentiary hearings
used for final parenting plans.
Temporary orders remain in effect until replaced by the final parenting plan entered at the conclusion of the case.
Courts may modify temporary orders if circumstances change significantly during the pendency of the case, but judges
generally prefer stability and avoid frequent schedule changes unless necessary to protect the child’s welfare.
Modifying an Existing Parenting Plan in Seattle
Parenting plans are not permanent. Under RCW 26.09.260, either parent may petition to modify
the residential schedule
or decision-making provisions if circumstances have changed since the court entered the original order. Washington
law sets different standards depending on what type of modification is requested and how much time has passed since
the last order.
A Seattle child custody modification lawyer can assist you
with this process and determine what standards apply.
Major Modifications to the
Residential Schedule
A major modification significantly changes the child’s residential time with each parent. Courts require clear
evidence that a major modification serves the child’s best interests and that one of the following grounds exists:
- The parents agree to the modification in writing
- The child has integrated into the petitioning parent’s home with the other parent’s consent
- The child’s present environment is detrimental to the child’s physical, mental, or emotional health, and the
harm from changing the environment is outweighed by the benefit of the modification - The court has found the nonmoving party in contempt of court at least twice within three years for failure to
comply with the residential schedule, and the modification is in the child’s best interests
Major modification petitions carry a heavy evidentiary burden, and courts scrutinize requests carefully to avoid
unnecessary disruption to the child’s established routine.
Minor Modifications to the
Residential Schedule
A minor modification adjusts the schedule without fundamentally altering the balance of residential time. Courts
apply a lower standard for minor modifications. The petitioning parent must show the modification is in the child’s
best interests and that one of the following applies:
- Both parents agree to the modification
- The child has reached an age where the residential schedule should be adjusted to accommodate developmental
needs - The modification is necessary to accommodate a parent’s work schedule or other circumstances
Minor modifications offer parents flexibility to adjust schedules as children grow and family circumstances evolve
without requiring the strict showing needed for major changes.
Modifying Decision-Making Authority
Courts may modify decision-making authority if a parent has repeatedly failed to make decisions in the child’s best
interests, has refused to cooperate in shared decision-making, or other circumstances warrant a change in authority.
Modification of decision-making typically requires showing that the current arrangement no longer serves the child’s
welfare.
Modification petitions require filing a motion with the court that issued the original parenting plan. Both parents
submit updated declarations, financial information, and evidence supporting their position. The court holds a
hearing to evaluate whether modification is warranted and, if so, what the new residential schedule or
decision-making structure should be.
Enforcing Seattle Parenting Plans When the Other Parent Denies Residential Time
Court-ordered parenting plans are legally binding. If a parent denies the other parent court-ordered time, withholds
the child during scheduled visits, or repeatedly violates the plan, the affected parent may file a motion for
contempt to enforce the order.
RCW 26.09.160 allows courts to hold a non-compliant parent in contempt and impose penalties,
including making up
residential time, modifying the parenting plan, and seeking attorney’s fees. Courts take enforcement seriously,
particularly when one parent engages in a pattern of interference that damages the child’s relationship with the
other parent.
Parents seeking enforcement should document each violation: dates and times of denied visits, text messages or emails
showing refusal to comply, witness statements, and any communication attempts to resolve the issue before filing.
Courts require clear evidence that the non-compliant parent knowingly violated the order and that enforcement serves
the child’s best interests.
Washington law also provides for make-up residential time when one parent is denied court-ordered time. The court may
order additional time with the affected parent to compensate for missed visits, ensuring the child’s relationship
with both parents remains intact despite the other parent’s interference.
Supervised Visitation and
Restricted Residential Time
When safety concerns exist, such as domestic violence, substance abuse, mental health crises, or child abuse
allegations, courts may impose limitations on residential time under RCW 26.09.191. These restrictions may include
supervised visitation, restricted overnight time, mandatory substance abuse testing, or, in extreme cases,
suspension of residential time until the parent completes treatment or demonstrates fitness.
Supervised visitation requires a third-party supervisor to be present during all parenting time. Courts order
supervision when unsupervised contact poses a risk to the child’s physical or emotional safety, but maintaining some
relationship with the parent serves the child’s interests.
Restrictions on residential time are not always permanent. A parent subject to limitations may petition to lift or
modify restrictions by demonstrating changed circumstances, like completion of treatment, sustained sobriety,
improved mental health stability, or other evidence showing the safety concerns no longer exist. Courts evaluate
whether the parent has addressed the underlying issues and whether unsupervised or expanded residential time now
serves the child’s best interests.
Parents seeking restrictions must provide specific, credible evidence of the safety concerns. General allegations or
unsubstantiated claims do not meet the legal standard. Police reports, medical records, CPS reports, witness
declarations, and documented incidents provide the foundation for restriction requests.
Parenting Plan Relocation Disputes
in Washington
When a parent with primary residential time wants to move outside the child’s current school district or more than a
certain distance from the other parent, RCW 26.09.405 through 26.09.560 governs the relocation
process. Washington
law requires the relocating parent to provide written notice to the other parent, including the new address, the
date of the move, and a proposal for revising the residential schedule.
The non-relocating parent may object to the move by filing a motion within the statutory deadline. Courts then hold a
hearing to determine whether the relocation serves the child’s best interests. Judges consider factors including:
- The reasons for the proposed move and the relocating parent’s good faith in requesting it
- The age, developmental stage, and needs of the child
- The relationship between the child and each parent
- The distance of the move and the impact on the child’s relationship with the non-relocating parent
- The feasibility of preserving the relationship between the child and the non-relocating parent through modified
residential schedules - The child’s connection to the current community, school, and extended family
- The extent to which the move may improve the child’s quality of life
- The likelihood that the non-relocating parent can maintain involvement with the child despite the distance
If the court approves the relocation, it will modify the parenting plan to establish a long-distance residential
schedule. If the court denies relocation, the relocating parent must choose between staying in the area or moving
without the child, likely resulting in changes to the parenting plan.
Mandatory Parenting
Plan Form Changes Effective July 27, 2025
Washington courts recently updated the mandatory parenting plan form. As of July 27, 2025, all new parenting plans
filed in Washington must use the revised form, which includes updated sections addressing
dispute resolution,
electronic communication between parents and children, and transportation arrangements.
Parents modifying existing parenting plans or filing new cases should make sure their
documents comply with the new
form requirements to avoid rejection by the court.
FAQ for Child Visitation
Lawyers in Seattle, Washington
How Often Can I Modify a Parenting Plan in King County?
Courts limit modification requests to protect children from repeated litigation. Major modifications typically
require waiting at least two years after the entry of the last order unless serious concerns about the child’s
welfare exist. Minor modifications face fewer restrictions but still require demonstrating changed circumstances and
the child’s best interests.
What If the Other Parent Keeps Violating the Parenting Plan?
You can file a motion for contempt. Courts may impose make-up residential time, modify the parenting plan, or order
the non-compliant parent to pay attorney’s fees. Document each violation with dates, communications, and witness
statements. A child custody enforcement attorney can help.
When Can a Court Order Supervised Visitation in Washington?
Courts order supervised visitation under RCW 26.09.191 when unsupervised contact poses a risk to the child’s safety
due to domestic violence, substance abuse, mental health issues, child abuse, or other concerns. The parent seeking
supervision must provide credible evidence supporting the restriction.
Does Washington Law Favor Equal Parenting Time?
No. Washington courts do not presume equal time is appropriate. Judges craft residential schedules based on the
child’s best interests, the statutory factors, and the practical realities of each parent’s availability and ability
to care for the child.
Can My Ex-Spouse Move Out of State With Our Child?
Not without following Washington’s relocation statute or obtaining your written consent. If the relocating parent has
primary residential time and provides proper notice, you can object by filing a motion. The court then holds a
hearing to determine whether the move serves the child’s best interests.
Do I Need a Lawyer to Modify a Parenting Plan in Seattle?
You are not required to hire a lawyer, but modification cases involve complex statutory standards, evidentiary
requirements, and procedural rules. An attorney helps you meet the legal burden, present persuasive evidence, and
avoid procedural mistakes that could result in dismissal of your petition.
Can I establish a Parenting Plan through a legal separation instead of a divorce?
Yes. In Washington, you establish a Parenting Plan and a residential schedule during either a divorce or a legal
separation. A legal separation provides the same legal framework for dividing assets and debts, setting support, and
creating a final Parenting Plan without dissolving the marriage. People who separate legally but not through divorce
file a Petition for Legal Separation.
What is a Guardian ad Litem (GAL), and will the court appoint one in my case?
A Guardian ad Litem (GAL) is a neutral person who the court
appoints to investigate and report back on the child’s
best interests. A GAL interviews parents, children, teachers, doctors, and others, then submits a written report to
the judge with recommendations for the residential schedule and decision-making authority.
Courts often appoint a GAL in highly contested cases involving allegations of abuse, neglect, substance abuse, or
serious disagreements over the child’s care. Parents can also request a GAL.
Your Seattle child visitation lawyer can explain King County’s Guardian ad Litems rules and court forms.
Protect Your Visitation Rights With a Seattle Child Visitation Lawyer
Your parenting time matters. Whether you’re establishing a residential schedule for the first time, modifying an
order that no longer works, or enforcing a plan the other parent ignores, you need an attorney who understands
Washington parenting law and King County family court procedures.
Contact our
Seattle office for a phone consultation. Bring any existing court orders, documentation of your parenting
involvement, and questions about your situation. From there, we’ll map out the steps to protect your relationship
with your child and resolve your dispute with clarity and strategic focus.
