What are the procedures for a change in custody or visitation?
In Washington, procedures for a change in custody or visitation are outlined in the Revised Code of Washington (RCW) and the Washington State Administrative Code (WAC). The first step in any change of custody or visitation is to determine if a court order exists that outlines an original agreement between the parents. If a court order exists, the custodial parent must file a motion with the court or complete a form to modify the court order. If no court order exists, the parent seeking a change must file a petition with the court. The petition must include information about the parents, the children, and the proposed parenting plan along with details about why the changes are necessary. The family may also need to provide documents such as birth certificates, financial records, and medical records as part of the petition. The court will review the petition and decide if a modification hearing is necessary. If additional information is needed, the court may require the family to complete an investigation or attend mediation or counseling sessions. The parents must also attend an informal parenting conference. After reviewing all of the documents and attending the necessary meetings, the court will make a decision. The court may grant a change in custody or visitation, deny the request, or create a new parenting plan that works for both parents and the best interests of the child.
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