When you complete a proposed Washington parenting plan with Lend A Hand Legal you will indicate the desired residential parent. This decision has a major impact on the perceived difficulty of case. The decision to ask the court to become the primary residential parent could make setting up a new parenting plan more challenging if a change in the child's residence is required. That is the first thing to remember.
The Primary Residential Parent
The concept of full child custody or child custody in general is not accurate in Washington. Instead, the courts use terms like primary residential parent. The parent with primary residential placement of the child is considered the legal custodian for the purpose of state and federal laws that require the specification of a custodial parent. The idea of a primary residential parent makes sense and minimizes obvious "custody battles". However, it is not perfect and the non-residential parent seeking to be the primary residential parent must have convincing reasons for the change.
The Status Quo
You will hear many family law attorneys argue that the court should "maintain the status quo". That is, the court should keep the bulk of the current residential arrangement the same. Of course, the purpose of filing a Washington parenting plan action is to modify the residential situation to either provide for or restrict visitation. However, the court will be reluctant to make major changes to a child's residential situation. There are exceptions to this rule, but they largely depend on the factors of a case.
Before you can fully understand the difficulties involved in changing a child's residence (either under a new or existing parenting plan), you must understand the fundamental ideas behind the way the court handles visitation and residential arrangements. Look at this library resource on the essential Washington parenting plan laws that influence the court's decisions with regard to child custody. Once you fully understand the big three laws covered in that library article, you can decide whether to ask the court to make you the primary residential parent.
Temporary Parenting Plan in Washington
When a person asks for a complete change in a child's residence under a new parenting plan action, there should be a good reason. Usually if there is a compelling reason to ask for the change, that change should be made sooner rather than later. A typical parenting plan case in Washington can drag on depending upon the county. In this situation, it would be useful to obtain a temporary parenting plan while waiting for the permanent parenting plan. Obtaining a temporary parenting plan that changes the child's residence is just as hard as obtaining a permanent parenting plan that changes a child's residence. The main advantage of a temporary parenting plan is that it gives the primary residential parent a chance to start performing some of the parental functions required to influence the court's decision on the permanent parenting plan.
Before asking the court to make you the primary residential parent you need to think about how that request will affect the complexity of your case.