February, 2003
Instructions on How to Fill Out the Modification/Adjustment of Custody Decree/Parenting Plan/Residential Schedule Forms
How to Begin a Custody Decree/Parenting Plan Modification
Instructions for the Responding Parent
General Information About Modification of Custody Decree/Parenting Plan/Residential Schedule
Washington law allows parents, legal guardians or legal custodians to change the custody of the children, or modify a party's visitation with the children, set under a prior dissolution, nonparental custody decree or paternity decree. The general rule is that an order of child custody or terms of the Parenting Plan or Residential Schedule can be modified only if a substantial change of circumstances has occurred. RCW 26.09.260. The law recognizes three types of modifications: modification, adjustment to residential provisions and adjustment to nonresidential provisions. The same legal standard applies, and the same forms are used, to modify a Custody Decree, Parenting Plan or Residential Schedule in dissolution, nonparental custody and paternity cases. For the remainder of these instructions, the term “parent” includes parent, legal guardian and legal custodian.
Washington State law also allows parents to modify residential provisions without a showing of substantial change of circumstances if the parent with whom the child resides a majority of the time seeks to relocate the child. There are separate forms and instructions to use for an objection to relocation and/or modification of a parenting plan when a relocation is being pursued.
A. Modification pursuant to RCW 26.09.260(1), (2)
In applying the "substantial change of circumstances" standard, the court shall retain the residential schedule established by the Decree, Parenting Plan, or Residential Schedule unless:
(1) the parents agree to the modification;
(2) the child has been integrated into the family of the petitioner with the consent of the other parent in substantial deviation from the Parenting Plan;
(3) the child's environment under the Custody Decree/Parenting Plan/Residential Schedule is detrimental to the child's physical, mental, or emotional health and the harm likely to be caused by a change of environment is outweighed by the advantage of a change to the child; or
(4) the court has found the nonmoving parent in contempt of court at least twice within three years because the parent failed to comply with the residential time provisions in the court-ordered Parenting Plan, or the parent has been convicted of custodial interference in the first or second degree under RCW 9A.40.060 or 9A.40.070.
See RCW 26.09.260(2). A conviction of custodial interference in the first or second degree under RCW 9A.40.060 or 9A.40.070 is a "substantial change of circumstances" for the purposes of modification of custody or visitation. RCW 26.09.260(3).
If the parents agree on the modification, they can skip most of the paperwork discussed in these instructions. If there is agreement, go to the section of the simplified instructions on how to complete agreed modification orders.
B. Adjustments to residential provisions pursuant to RCW 26.09.260(5), (8)
The court may order adjustments to the residential aspects of a Custody Decree/Parenting Plan/Residential Schedule upon a showing of a lower standard of what constitutes a "substantial change of circumstances" if the proposed modification is only a minor modification in the Residential Schedule that does not change the residence the child is scheduled to reside in the majority of the time and:
(1) is not more than 24 full days in a calendar year; or
(2) is based on a change of residence or an involuntary change in work schedule by a parent which makes the Residential Schedule in the Parenting Plan impractical to follow; or
(3) the increase is more than 24 full days but less than 90 overnights per year total, and the Decree, Parenting Plan or Residential Schedule does not provide reasonable time with the non-primary residential parent.
The court may also adjust the Residential Schedule in keeping with the best interests of the child if the non-primary residential parent voluntarily fails to exercise residential time for an extended period, that is, one year or longer.
RCW 26.09.260(5), (8).
C. Adjustments to nonresidential provisions pursuant to RCW 26.09.260(10)
The court may order adjustments to the nonresidential provisions of a Custody Decree/Parenting Plan/Residential Schedule upon a showing of a lower standard of what constitutes a "substantial change of circumstances” and the adjustment is in the best interest of the child.
Either parent can begin an action to modify child custody, visitation or other term of the Parenting Plan or Residential Schedule by filing a Petition and supporting affidavits with the clerk of the superior court. The documents must also be properly served on the other parent. The supporting affidavits, also called declarations, must set forth facts supporting the requested modification.
D. Hearing to Show Adequate Cause for Modification
The parent responding to the Petition has a limited time in which to file a response with the clerk of the superior court. The Response must be filed within 20 days after being served the Summons and Petition (or 60 days if the responding parent is served out of state; or 60 days if the responding parent is served by publication pursuant to an order allowing service by publication; or 90 days if the responding parent is served by mail pursuant to an order allowing service by mail). The petitioner or petitioner’s attorney must also be served a copy of the Response within the same time period. Declarations in response the other parent's statements should be filed with the Response. Failure to file the answer on time may result in the court entering a default judgment, which gives the petitioner parent everything requested in the Petition.
Once the responding parent has filed and served a Response, either parent may set a hearing date for a preliminary hearing. The hearing is scheduled by contacting the clerk of the court, or ex parte department of the court, to obtain a hearing date. You then file the form entitled "Notice of Hearing for Adequate Cause Determination," WPF DR 07.0250.
At the adequate cause hearing, the court decides whether the declarations show sufficient facts to go forward with the modification action. If there is "adequate cause," or reason enough to go ahead, the court will schedule a hearing to decide whether to change the parent with whom the child resides a majority of the time or modify or adjust the residential provisions or nonresidential provisions of the Custody Decree/Parenting Plan/Residential Schedule. If "adequate cause" is not shown at the first hearing, the court will deny the Petition to modify or adjust the Custody Decree/Parenting Plan/Residential Schedule without any further hearings. RCW 26.09.270.
E. A note about the Parenting Seminar.
If the petition requests a major modification of the custody decree/parenting plan/residential schedule, the county in which you file your petition may require you and the other parties to attend a parenting seminar about the impact of the court action on the children and how you can take care of the children’s emotional needs during the legal proceeding. The mandatory seminar must be completed within a specific time period. To find out about your county’s parenting seminar requirements, check your county’s local court rules at the county law library or on the Internet at:
www.courts.wa.gov. You may also ask the county clerk about the parenting seminar when you file your petition or response.
F. A Note About the Case Information Cover Sheet.
Petitioners are required to file a completed Case Information Cover Sheet with their summons and petition. The cover sheet may be obtained from the clerk’s office. Before you file your summons and petition:
1. Complete the cover sheet by filling in the case number which is on your petition and the caption (names of parties involved in the action).
2. Select on the form the type of Domestic Relations or Paternity action you are filing (such as “Modification”).
3. Give the form to the clerk along with your petition.
Use the Pattern Forms for Modification/Adjustment of Custody Decree/Parenting Plan/Residential Schedule
Washington has pattern legal forms you must use in modification/adjustment cases and in other family law cases. Here is where you can get forms and instructions:
(1) at stationery stores and bookstores;
(2) your local women's shelter;
(3) county and law school law libraries;
(4) the county clerk's offices;
(5) courthouse facilitator programs;
(6) from the Administrative Office of the Administrator for the Courts in Olympia, by calling the forms line at telephone (360) 705-5328;
(7) the Internet at
http://www.courts.wa.gov/forms; or
(8) Northwest Justice Project’s Web site:
http://www.nwjustice.org.
It’s a good idea to either make a spare copy of each form you will need and use one as a rough draft, or start your forms in pencil and copy over them in ink when you have them the way you want them. Your finished forms must be completed neatly. You may type them, or print them using either blue or black ink. If you use a blue pen for signing the forms, it will be easy to tell your original signature from any photocopies you make of the original. Only documents with original, ink signatures should be filed in the clerk’s office or given to the judge in the courtroom.
You should make photocopies of all the completed documents you will file with the court so you have copies for yourself and for serving on the other party. When you file the original documents at the clerk’s office, be sure to stamp the copies you’ve made with the clerk’s office stamp. Stamping your copies in this way is called “conforming copies” and can help prove that you actually filed the documents.
Keep an organized file of all court papers, letters, other documents, and notes of conversations with others concerning your case. It is especially important to keep proof that documents were served on the other party. You may need to work on your case at home when the courthouse may not be open. Your personal file may also be important if a judge in your case wants to see a document that is not in your court file.
Should You Hire a Lawyer?
You are not required to have a lawyer to modify child custody or a Parenting Plan. The decision is up to you. In making this decision you should be aware many people find that the paperwork required is complex. You should also be aware that if you decide not to use a lawyer, the other party may still use a lawyer and that you may be at a disadvantage if you proceed without a lawyer. If you do not have a lawyer you will be expected to know all the laws and court rules which apply to your case as if you were a lawyer.
If you decide to hire a lawyer, you may hire a lawyer for “full service” representation (handling every aspect of your case), or, you may hire a lawyer for “limited” representation (handling only a part of your case). A lawyer hired for “limited” representation may consult with you on a specific issue in your case, conduct legal or factual research for you, prepare your forms or other documents, advise you on litigation procedures or strategy, or represent you for one motion.
Free legal advice may be available to you through CLEAR (888) 201-1014 or from other legal services in your county. If you are the victim of domestic violence, there may be additional programs through the bar association to help you obtain free legal advice, or you may call the state-wide Domestic Violence Hotline, (800) 562-6025. Some counties have domestic relations or family law facilitators located in the courthouse who cannot provide legal advice; but who can offer limited assistance in completing the necessary paperwork. A complete list of facilitator offices can be found at
www.courts.wa.gov/court_dir/?fa=court_dir.facils.
JUDGES, COURT COMMISSIONERS AND CLERKS MAY NOT GIVE YOU LEGAL ADVICE OR ASSIST YOU WITH YOUR PAPERWORK OR FORMS.
If you have questions or need assistance you should contact a lawyer or use one of the free or low cost services mentioned above. For help in finding a lawyer contact the local bar association for your county.
How to Complete Agreed Modification Orders
If the parents agree about how to modify the Parenting Plan they can skip much of the paperwork. The parents simply need to complete the Petition for Modification/Adjustment of Custody Decree/Parenting Plan/Residential Schedule, the Confidential Information Form, the Addendum to the Confidential Information Form (if needed), the Order re: Modification/Adjustment of Custody Decree/Parenting Plan/Residential Schedule, and the Parenting Plan. If the change is substantial, the parents may also need to complete a new Order of Child Support and the Washington State Child Support Worksheets. Both parents must sign the forms at the end, as indicated. Then either parent can present the forms to a judge or commissioner at the courthouse for approval. No service of process on the other parent is required. Contact the county clerk’s office to find out if a filing fee applies.
If the original Decree of Dissolution or Parentage or the original Nonparental Custody Decree was entered in a different county or state, you need to obtain a certified copy of the Decree and file it with the clerk of the superior court where the modification will take place. You can then present your agreed documents for approval. A filing fee will apply.
PLEASE PRINT OR TYPE ALL INFORMATION REQUESTED.
You should have the following forms:
(1) Petition for Modification/Adjustment of Custody Decree/Parenting Plan/Residential Schedule (WPF DR 07.0100)
(2) Confidential Information Form (WPF DRPSCU 09.0200)
(3) Addendum to Confidential Information Form (WPF DRPSCU 09.0210, if needed)
(4) Order re: Modification/Adjustment of Custody Decree/ Parenting Plan/Residential Schedule (WPF DR 07.0400)
(5) Parenting Plan (WPF DR 01.0400)
If the change in the Parenting Plan is significant, you may also need to modify child support. Make sure to check the appropriate boxes in paragraph 2.3 and in Part III of the Petition for Modification/Adjustment to let the court know you also want the court to modify the Order of Child Support. Use the following forms to modify child support (separate instructions are provided for these forms):
(6) Washington State Child Support Schedule Worksheet
(7) Sealed Financial Source Documents cover sheet (WPF DRPSCU 09.0220)
(Financial records filed under this cover sheet will be sealed to protect your
privacy.)
(8) Order of Child Support (WPF DR 01.0500, CU 01.0500 or PS 01.0500)
Complete the forms as explained in the instructions below. Service of process of the forms is not required. Both parents should sign the forms at the end, where indicated, and state that these are agreed orders.
When you have completed the paperwork, call the court clerk to find out when the court can hear your case. Let the clerk of the court know a day in advance that you will be coming to a court hearing so the prior dissolution or parentage file, if any, can be available in the courtroom.
Either parent, or both parents, can bring the completed paperwork, including the Confidential Information Form, Addendum to the Confidential Information Form (if needed) and the Sealed Financial Source Documents cover sheet, with financial records attached, to the courthouse, and present the agreed Petition for Modification/Adjustment of Custody Decree/Parenting Plan/Residential Schedule, Order re: Modification/Adjustment of Custody Decree/Parenting Plan/Residential Schedule, the modified Parenting Plan or Residential Schedule, and, if needed, the Order of Child Support and Child Support Worksheets, to the judge or commissioner for signature. A certified copy of the approved orders can be obtained from the court clerk, usually within two weeks of signing.
[Note: When you file your petition, you are also required to file a completed Case Information Cover Sheet. You may obtain the form from the county clerk’s office or from the Department of Health.]
How to Begin a Custody Decree/Parenting Plan Modification
If you want to commence an action to modify child custody or visitation carefully follow these instructions. Check off each step as it is completed.
The facts and circumstances of your case may require you to use additional forms, such as a Motion and Order of Default if the other parent does not respond to the Petition. You will want to obtain a certified copy from the court clerk's office of the completed document (11) below, the Parenting Plan, to show a law enforcement officer if any questions arise about custody of the children.
PLEASE PRINT OR TYPE ALL INFORMATION REQUESTED.
You should have the following forms:
(1) Petition for Modification/Adjustment of Custody Decree/Parenting Plan/Residential Schedule (WPF DR 07.0100)
(2) Summons (Modification/Adjustment of Custody Decree/ Parenting Plan/Residential Schedule) (WPF DR 07.0120)
(3) Confidential Information Form (WPF DRPSCU 09.0200)
(4) Addendum to Confidential Information Form (WPF DRPSCU 09.0210, if needed)
(5) Return of Service (WPF DR 01.0250)
(6) Response to Petition for Modification/Adjustment of Custody Decree/Parenting Plan/Residential Schedule (WPF DR 07.0200)
(7) Notice of Hearing for Adequate Cause Determination (WPF DR 07.0250)
(8) Order re: Adequate Cause (Modification/Adjustment of Custody Decree/ Parenting Plan/Residential Schedule) (WPF DR 07.0300)
(9) Order re: Modification/Adjustment of Custody Decree/ Parenting Plan/Residential Schedule (WPF DR 07.0400)
(10) Declaration (WPF DR 09.0100)
(11) Parenting Plan (WPF DR 01.0400)
If you also modify your child support order, use these forms:
(12) Washington State Child Support Schedule Worksheet
(13) Sealed Financial Source Documents cover sheet (WPF DRPSCU 09.0220) (Financial records filed under this cover sheet will be sealed to protect your privacy.)
(14) Order of Child Support (WPF DR 01.0500, CU 01.0500 or PS 01.0500)
Step 1--Fill in the Headings of the Following Three Forms:
(1) Petition for Modification/Adjustment of Custody Decree/Parenting Plan/Residential Schedule
(2) Summons (Modification/Adjustment of Custody Decree/ Parenting Plan/Residential Schedule)
(3) Return of Service
The petitioner, respondent and cause number captions on these forms will be the same as those on the original Decree of Dissolution or Paternity, or the original Nonparental Custody Decree if the action to modify Custody Decree/Parenting Plan is being filed in the same county where the Decree was entered.
If the original Decree of Dissolution or Paternity was entered in a different county or state, you should contact the clerk of the court where you will be filing the modification action for directions regarding the captions of your forms.
WHERE TO FILE: A petition to change or modify custody or visitation may be brought in the county superior court where the minor children are then residing, or in the court where the Decree or Parenting Plan was entered, or in the county where the parent or other person who has custody of the children currently resides. RCW 26.09.280.
Step 2--Petition for Modification/Adjustment of Custody Decree/Parenting Plan/Residential Schedule
Complete the Petition for Modification/Adjustment of Custody Decree/Parenting Plan/Residential Schedule as follows:
Part I requests identification information. In paragraphs 1.1 through 1.3, provide the identification information requested for the parties.
Paragraph 1.1, IDENTIFICATION OF MOVING PARTY. The “moving party” is the party who asks the court for a modification or for other relief. The moving party can be either the person designated as the petitioner or as the respondent in the original action. Since you are asking the court for an order modifying your custody decree/parenting plan/residential schedule, you are the moving party. Write your first and last name, your date of birth and the county and state where you are living.
Paragraph 1.2, IDENTIFICATION OF NON-MOVING PARTY. The “non-moving party” is the other party who must respond to the petition. Write the non-moving party’s first and last name, date of birth and the last known county and state of residence.
Paragraph 1.3, DEPENDENT CHILDREN. Write in the first and last name and ages of the dependent children.
Part II requests information about the court’s jurisdiction, the current order and the changes you want to make to the Custody Decree/Parenting Plan/Residential Schedule. Provide the information requested in paragraphs 2.1 through 2.12 of the Petition.
Paragraph 2.3, CHILD SUPPORT, asks about child support and whether a new Order of Child Support is needed. Check the box that applies. If you need to modify child support at the same time as the Parenting Plan or Residential Schedule, you will need to complete and file an Order of Child Support and accompanying Child Support Worksheet and Sealed Financial Source Document cover sheet with financial records. Instructions on completing these forms are set forth in the "Instructions on How to Fill Out the Dissolution Forms (cases with dependent children)" and in the "Instructions on How to Fill Out the Modification of Child Support Forms."
Paragraphs 2.4, 2.5 and 2.6 ask for jurisdictional information. An action to modify a Custody Decree/Parenting Plan/Residential Schedule may be commenced only if the court has personal jurisdiction over the other parent. Whether the court can exercise personal jurisdiction over the other parent depends upon the contact that parent has with the state of Washington.
Paragraph 2.7 asks about the prior Custody Decree or Parenting Plan. Specify the date and place where you completed your dissolution (name of the court, i.e., Los Angeles County, California Superior Court, case number 92-5555).
BE SURE TO ATTACH TO THE PETITION COPIES OF THE DISSOLUTION DECREE, NONPARENTAL CUSTODY DECREE OR PATERNITY JUDGMENT, PARENTING PLAN OR RESIDENTIAL SCHEDULE, AND ANY ORDERS WHICH MODIFY THE CHILD CUSTODY/PARENTING PLAN/RESIDENTIAL SCHEDULE PROVISIONS OF THE DECREE OR JUDGMENT.
Paragraph 2.8 applies if you are seeking a modification pursuant to RCW 26.09.260(1) or (2). Check the boxes which apply to your situation. (These boxes set forth the various reasons for modifications of Custody Decree/Parenting Plan/Residential Schedule authorized by the law.)
Paragraph 2.9 applies if you are seeking an adjustment of residential provisions. Check the appropriate boxes which are applicable to your situation. (These boxes set forth the various reasons for an adjustment of residential provisions of a Custody Decree/Parenting Plan/Residential Schedule authorized by the law.)
Paragraph 2.10 applies if you are seeking an adjustment on nonresidential provisions of a Custody Decree/Parenting Plan/Residential Schedule. Check the boxes that apply to your case.
Paragraph 2.11 asks you to state facts which show a substantial change of circumstances has occurred. Write the reasons you are seeking a change in the Custody Decree/Parenting Plan/Residential Schedule that you requested in paragraph 2.8, 2.9 and/or 2.10. Be as specific and detailed as possible. This is a sworn statement by you made under oath that the allegations are true. If you do not state sufficient reasons for seeking a change in the Custody Decree/Parenting Plan/Residential Schedule the court can deny the Petition, and if the court finds you acted in bad faith, it can also require you to pay the other parent's attorney's fees and costs.
Part III of the Petition (Relief Requested) asks the court to modify the Custody Decree/Parenting Plan/Residential Schedule. Use the check boxes to request the court to enter a child support order consistent with the proposed Parenting Plan/Residential Schedule.
Once you have completed Part III of the Petition, "certify" the Petition by signing it.
Step 3 – Confidential Information Form
The Confidential Information Form contains personal identifying information and will be filed in a sealed file. The other parties and other persons will not have access to the form unless the court grants their motion to allow access to the form. DO NOT HAVE A COPY OF THE CONFIDENTIAL INFORMATION FORM OR ADDENDUM SERVED ON THE OTHER PARTIES.
To complete the form, fill in the county and cause number for your case. Since you are preparing documents to request a modification of custody decree/parenting plan/residential schedule, check the box for “Divorce/Separation/Invalidity/Nonparental Custody/Paternity/Modifications.” If there is a restraining order or protection order protecting you, another party or the children, check the applicable boxes. If your or the children’s health, safety, or liberty would be jeopardized by disclosure of address information, explain why in the space provided. The court will consider that information if another party or someone else files a motion to allow access to the Confidential Information Form, or to the Addendum. If you have questions about your safety, contact a Domestic Violence Advocate, or a Family Law Courthouse Facilitator, if one is available at your courthouse. Fill in all the information regarding you, the other parties and the children requested in the Confidential Information Form. If there are more than two children involved in the case, or if there are more than one petitioner and one respondent, use the Addendum to Confidential Information Form to provide the information for the additional children or parties. If any of the information you fill in on the Confidential Information Form or Addendum changes, you must file an updated form.
Step 4--Summons
On the first page, write the other parties’ names in the space provided after “TO.” In paragraph 3, check the applicable box to indicate whether or not you are seeking a temporary residential placement or custody order. On the second page of the Summons for Modification of Child Support, fill in the date and sign your name on the line for the moving party’s signature, and print your name on the line below your signature. Under the heading “File Original of Your Response with the Clerk of the Court at,” print the name and address of the court in which your case is filed. Under the heading “Serve a Copy of Your Response On,” check the box to indicate the response should be served on your attorney, if you have one or on you, the “Moving Party.” If you want the response served on you, write your name and address in the space provided. You are not required to list your residential address. You may list an address that is not your residential address where you agree to accept legal documents.
Step 5--Complete the Washington Child Support Schedule Worksheets and Sealed Financial Source Documents Cover Sheet
If you do not want to change child support, skip this step.
A. CHILD SUPPORT SCHEDULE WORKSHEETS.
IF YOU WANT TO CHANGE CHILD SUPPORT AT THE SAME TIME AS THE MODIFICATION/ADJUSTMENT OF CUSTODY DECREE/PARENTING PLAN/RESIDENTIAL SCHEDULE, YOU MUST COMPLETE THE WASHINGTON CHILD SUPPORT SCHEDULE WORKSHEETS.
Failure to complete, file and serve the Child Support Schedule Worksheets may delay the court hearing your Petition. The other parent is also required to complete the Worksheets.
INSTRUCTIONS FOR COMPLETING THE WORKSHEETS ARE INCLUDED IN THE WASHINGTON STATE CHILD SUPPORT SCHEDULE, WHICH IS PROVIDED WITH THE WORKSHEETS.
B. COMPLETE THE SEALED FINANCIAL SOURCE DOCUMENTS (COVER SHEET)
Each party must provide tax returns for the preceding two years, current pay stubs and financial records documenting other income with the worksheets to verify income and deductions. Please check the local rules in your county to see if any other financial documents are required. For example, some counties require three years of income tax returns, instead of two years of income tax returns.
To protect your privacy file your financial documents under the Sealed Financial Source Documents cover sheet. Financial documents filed under the cover sheet will be automatically sealed by the clerk’s office. The other party will have access to the records; but other persons will not have access unless the court grants a motion to allow access to the records.
To complete the Sealed Financial Source Documents cover sheet, list the financial records you file on the cover sheet and sign your name at the bottom of the page. Write “Sealed” at least one inch from the top of the first page of each document you file under the cover sheet.
In addition to the Child Support Schedule Worksheets and your financial source documents, county courts may require additional financial information such as the Financial Declaration (WPF DR 01.0550). Check the local rules for your county.
Step 6--Complete the Motion for Temporary Orders
If you do not want to request a temporary Parenting Plan or Order of Child Support, skip this step.
If you want the court to enter a temporary Parenting Plan, a temporary child support order or other temporary order allowed by law, you will need to complete the Motion and Declaration for Temporary Order, WPF DR 04.0100 or the Motion/Declaration for Ex Parte Restraining Order, WPF DR 04.0150. There are separate instructions for requesting a temporary order, with procedural information.
Step 7--File Your Papers
To start the case, file with the clerk of the superior court, the completed original Petition for Modification/Adjustment of Custody/Parenting Plan/Residential Schedule, Summons, Confidential Information Form, and Child Support Schedule Worksheets and the Sealed Financial Source Documents cover sheet, with financial records, if you also want the court to modify child support. Use the clerk's office stamp to stamp the copies of the documents you are keeping for your files. Check with the county clerk about the filing fee.
[Note: When you file your petition, you are also required to file a completed Case Information Cover Sheet. You may obtain the form from the county clerk’s office or from the Department of Health.]
Step 8--Make Sure that the Other Parent is Served
The other parent must be served with a copy of these forms:
(1) Petition for Modification/Adjustment of Custody Decree/Parenting Plan/Residential Schedule (WPF DR 07.0100)
(2) Summons (Modification/Adjustment of Custody Decree/ Parenting Plan/Residential Schedule) (WPF DR 07.0120) (be sure you complete the bottom of this form before it is served on the other parent)
(3) Blank Response to Petition for Modification/Adjustment of Custody Decree/Parenting Plan/Residential Schedule (WPF DR 07.0200)
(4) A copy of these instructions (optional but helpful)
If you are trying to change child support, you will also need to give him/her these forms:
(5) The Washington State Child Support Schedule and Worksheets you completed if child support will change with the Parenting Plan
(6) A blank copy of the Washington State Child Support Schedule and Worksheets for the other parent to complete
(7) Sealed Financial Source Documents cover sheet (WPF DRPSCU 09.022), with your financial records attached
(8) A blank copy of the Sealed Financial Source Documents cover sheet (WPF DRPSCU 09.0220 for the other party to complete
You may also want to serve the following forms:
(9) Parenting Plan (proposed) (WPF DR 01.0400, PS 01.0400) or Residential Schedule (proposed) WPF CU 01.0450, PS 01.0450)
(10) Order of Child Support (proposed) (WPF DR 01.0500, CU 01.0500, PS 01.0500)
Your county may also require that you fill out the following form:
(11) Financial Declaration (WPF DR 01.0550, PS 01.0550)
DO NOT HAVE THE CONFIDENTIAL INFORMATION FORM SERVED ON THE OTHER PARTY.
There may be other documents to serve if you are requesting a temporary order and a court hearing at this time or if you want to present oral testimony at a hearing.
A copy of the Summons and the Petition for Modification/Adjustment of Custody Decree/Parenting Plan/Residential Schedule and any other documents you file with the Petition and Summons must be served on the other parent. In other words, the documents must be personally delivered to the other parent. Service of the documents is not needed on the other parent if that person joins in the Petition or if he or she signs the Joinder form or if he or she signs an Acceptance of Service form and files the original with the court clerk. If any of the parties or children receives or received in the past welfare or other public benefits (TANF, medical assistance or foster care), and child support is to be addressed, a copy of the Summons, Petition, Child Support Worksheets and Sealed Financial Source Documents cover sheet must also be served on the County Prosecuting Attorney’s Office. See RCW 26.09.175(2) and 26.23.130.
YOU MAY NOT SERVE THE PAPERS ON THE OTHER PARENT YOURSELF. Service on the other parent must either be by a law enforcement officer of the county where service is made or by any competent person over 18 years of age who is not a party to the action. See Superior Court Civil Rule 4(c).
The person serving your papers should leave the papers with the other parent. If the other parent is not at home when the papers are delivered, the papers may also be served by leaving them with any other responsible person who resides with the other parent.
Once your papers have been served, the person serving your papers must complete a Return of Service form (WPF DR 01.0250). To complete this form, the person serving your papers should:
(1) Fill in the caption on the form;
(2) Write the name of the other parent in paragraph 2 and check the boxes showing what papers were served on the other parent. All the forms served on the other parent must be listed;
(3) The date, time and place of service should be filled in paragraph 3;
(4) The manner of service should be checked in paragraph 4. This should be either by delivery to the other parent personally or to a responsible person who resides with the other parent (there are special rules which you must follow in order to serve by mail or publication); and
(5) Sign and date the Return of Service.
After finishing these steps, file the original Return of Service with the clerk of the court and keep a copy for your records.
The other parent has a limited time in which to file a response with the clerk of the superior court. The Response must be filed within 20 days after service of the Petition for Modification Custody Decree/Parenting Plan (or 60 days if the respondent is served out of state; or 60 days if the responding parent is served by publication pursuant to an order allowing service by publication; or 90 days if the responding parent is served by mail pursuant to an order allowing service by mail). The other party must also serve a copy of the Response to you or your attorney within the same time period.
IF THE OTHER PARENT DOES NOT FILE OR SERVE A RESPONSE WITHIN THE TIME REQUIRED, YOU SHOULD MAKE A MOTION FOR DEFAULT AGAINST THE OTHER PARENT.
A Motion for Default is made by filing a Motion for Default form with the clerk of the court. (The clerk of the superior court will either have this form or will tell you where one may be purchased -- it's the Motion and Declaration for Default, WPF DR 03.0100.) After filing the motion with the court clerk, you show it to an ex parte or family law commissioner. Check with the court clerk to learn what times these commissioners hear motions for default. If the court thinks the motion should be granted, an Order of Default will be entered and you may obtain judgment against the other parent for the things you asked for in your Petition for Modification of Custody Decree/Parenting Plan/Residential Schedule.
Step 9--Schedule an Adequate Cause Hearing
At any time after the other parent has filed a Response or 20 days after the other parent has been served (60 days, if served out of state; or 60 days if the responding parent is served by publication pursuant to an order allowing service by publication; or 90 days if the responding parent is served by mail pursuant to an order allowing service by mail), you may schedule an adequate cause hearing. To schedule an adequate cause hearing contact the county clerk. In some counties you may also have to complete a Request to Schedule Hearing form, a Notice of Issue or a similar form which sets the matter for hearing.
Once the hearing has been scheduled, the "Notice of Hearing for Adequate Cause Determination" form must be mailed certified mail, return receipt requested, or delivered to the other parent.
Step 10--Go to the Adequate Cause Hearing
Go to the adequate cause hearing at the scheduled place and time. Check local rules because some counties, including King and Snohomish, require you to call the court clerk a few days in advance to confirm the hearing will take place. Bring your documents with you. At the hearing the judge will determine whether the facts in the affidavits (declarations) submitted present adequate cause to set a date for a hearing on the merits of the Petition. If adequate cause is not proven, the Petition will be dismissed and no further hearings will be held. If adequate cause is proven, the court will schedule another hearing.
At the final hearing you will need to bring a completed:
(1) Parenting Plan (WPF DR 01.0400, PS 01.0400 or PS 01.0450)
(2) Order re: Modification/Adjustment of Custody Decree/Parenting Plan/Residential Schedule (WPF DR 07.0400)
(3) Declarations from friends of the children, teachers, relatives, etc., in support of your case. You can use the Declaration form (WPF DR 09.0100), with attachments.
And the following form if child support is also modified:
(4) Order of Child Support (WPF DR 01.0500, CU 01.0500, PS 01.0500)
Instructions for the Responding Parent
You should have been served the following forms:
(1) Petition for Modification/Adjustment of Custody Decree/Parenting Plan/Residential Schedule (WPF DR 07.0100)
(2) Summons (Modification/Adjustment of Custody Decree/Parenting Plan/Residential Schedule) (WPF DR 07.0120)
You will need to obtain a copy of this form if it was not served on you:
(3) A blank copy of the Response to Petition for Modification/Adjustment of Custody Decree/Parenting Plan/Residential Schedule (WPF DR 07.0200)
You might also have received these forms, depending on the circumstances of your case:
(4) The Washington Child Support Schedule and Worksheets completed by the moving parent
(5) A blank copy of the Child Support Schedule and Worksheets for you, the other parent, to complete
(6) Sealed Financial Source Documents (cover sheet) (WPF DRPSCU 09.0220) (With copies of the moving party’s financial records attached)
(7) Sealed Financial Source Documents (cover sheet) (WPF DRPSCU 09.0220) (For your use. If you file your financial records under this cover sheet, the records will be sealed to protect your privacy.)
(8) Order of Child Support (proposed) (WPF DR 01.0500, CU 01.0500, PS 01.0400)
(9) Parenting Plan (proposed) (WPF DR 01.0400, PS 01.0400) or Residential Schedule (proposed) (WPF CU 01.0450, PS 01.0450)
(10) A copy of these instructions
You may have also received:
(11) Financial Declaration (WPF DR 01.0550, PS 01.0550)
You may also receive additional documents depending, for example, on whether the moving party is requesting a temporary order and a court hearing at this time or wants to present oral testimony at a hearing.
You have 20 days after being served to respond to the Petition for Modification/Adjustment of Custody Decree/Parenting Plan/Residential Schedule. (This period is extended to 60 days if you were served out of state; or 60 days if you were served by publication pursuant to an order allowing service by publication; or 90 days if you were served by mail pursuant to an order allowing service by mail.) You must respond by filing a written Response with the clerk of the superior court and by serving copies of your Response on the other party. If a hearing is scheduled, your local court rules may require you to deliver “working copies” of the Response, declarations or affidavits on your behalf, with the judge or commissioner who will be hearing the case (check with the court clerk or local court rules).
IF YOU FAIL TO FILE OR SERVE YOUR RESPONSE WITHIN THE REQUIRED TIME PERIOD THE COURT MAY ENTER AN ORDER OF DEFAULT AGAINST YOU.
To respond to the Petition for Modification/Adjustment of Custody Decree/Parenting Plan/Residential Schedule carefully follow these instructions. Check off each step as it is completed.
PLEASE PRINT OR TYPE ALL INFORMATION REQUESTED.
Step 1--the Response Form
Paragraph 1.1, COMPLETE THE RESPONSE FORM THAT WAS SERVED ON YOU. You should admit in your Response those things which you believe are correct in the Petition for Modification/Adjustment of Custody Decree/Parenting Plan/Residential Schedule and deny in your Response those items which are incorrect in the Petition. If you are uncertain whether or not an item is correct, you may check the box for “lacks information.” The paragraph numbers in the Response refer to the paragraphs of the Petition, so you must have the Petition in front of you to complete the Response. On page 2, for each item (allegation) of the Petition that is denied, explain why you denied that item (allegation).
Paragraph 1.3, OTHER. If you have any defenses that you want the court to consider, those should be set forth in this paragraph of your Response.
Paragraph 2.1, REQUEST FOR DISMISSAL. Check the applicable box. If you do not want the judge to dismiss the Petition, check the first box. If you want the judge to dismiss the Petition, check the second box.
Paragraph 2.2, REQUEST FOR MODIFICATION OR ADJUSTMENT. Check the first box if you requested that the petition be dismissed in paragraph 2.1. If you agree with the petition, check the second box and write in that you agree with the petition. If you agree that there should be a modification/adjustment but want the court to enter your proposed parenting plan, check the second box and the other boxes that apply to your case and make sure you attached your proposed order to the Response.
Step 2--File Your Papers
Your completed Response and any attachments must be filed with the clerk of the court within the time period specified above. Your declarations in response to the Petition should also be filed with your Response. Be sure to serve a copy on the other party and deliver an extra copy to the judge or commissioner who will be hearing the case. Documents filed late may not be considered. Check with the clerk of the court for applicable local rules.
Step 3--Go to the Adequate Cause Hearing
Go to the adequate cause hearing at the scheduled place and time. At the adequate cause hearing, the court will decide whether there is adequate cause to set a hearing to consider the merits of the Petition. If the court finds adequate cause and schedules another hearing, the court may also set a schedule for submitting additional documents prior to the hearing. You should submit affidavits/declarations from friends of the children, teachers, relatives, etc., in support of your case. You can use the Declaration form (WPF DR 09.0100), with attachments.
Step 4--Complete the Washington Child Support Schedule Worksheets and Sealed Financial Source Documents Cover Sheet, if Applicable to Your Case
A. CHILD SUPPORT SCHEDULE WORKSHEETS
If the moving party is seeking to modify child support at the same time as Custody Decree/Parenting Plan/Residential Schedule, and the court has held a hearing and found adequate cause to set another hearing, you must complete the Child Support Worksheets.
INSTRUCTIONS FOR COMPLETING THE WORKSHEETS ARE INCLUDED IN THE WASHINGTON STATE CHILD SUPPORT SCHEDULE, WHICH IS PROVIDED WITH THE WORKSHEETS.
B. COMPLETE THE SEALED FINANCIAL SOURCE DOCUMENTS (COVER SHEET)
Each party must provide tax returns for the preceding two years, current pay stubs and financial records documenting other income with the worksheets to verify income and deductions. Please check the local rules in your county to see if any other financial documents are required. For example, some counties require three years of income tax returns, instead of two years of income tax returns.
To protect your privacy file your financial documents under the Sealed Financial Source Documents cover sheet. Financial documents filed under the cover sheet will be automatically sealed by the clerk’s office. The other party will have access to the records; but other persons will not have access unless the court grants a motion to allow access to the records.
To complete the Sealed Financial Source Documents cover sheet, list the financial records you file on the cover sheet and sign your name at the bottom of the page. Write “Sealed” at least one inch from the top of the first page of each document you file under the cover sheet.
In addition to the Child Support Schedule Worksheets and your financial source documents, county courts may require additional financial information such as the Financial Declaration (WPF DR 01.0550). Check the local rules for your county.
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