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1. Create the best schedule
for you and your kids.

2. Document your actual
parenting time.

3. Include important clauses
in your parenting plan.

4. End misunderstandings
with a visual calendar.

5. Calculate time and
overnight percentages.

6. Prepare for negotiation,
mediation and court.

7. Save money on legal
fees and court costs.

"I used Custody X Change during our negotiations for Summer and Holiday visitation.

"The software was very easy to use and provided useful calculations from the agreed schedule.

"That spared us from having to do the tedious task of counting days on a calendar.

"I would recommend this product to any parent who has to establish a custody schedule with another parent."

"I got the Custody X Change software so I could give my clients a printed Calendar.

"Also, in New Mexico, there can be a significant change in child support from 'Schedule A,' where one parent has responsibility for less than 35 percent of the time, and 'Schedule B,' where each party has responsibility for more than 35 percent of the time.

"On borderline cases, it is important to know the possible child support consequences of various options."

Washington Parenting Plans and Custody Agreements

How do I make my Washington parenting plan / child custody agreement?

You can write up your own parenting plan (on your own or with the other parent) or you can work with an attorney or legal professional and have them create it. If you don't want to pay the high cost of an attorney, and want to easily make your own agreement, you can use the Custody X Change software.

Custody X Change is software that creates parenting plans. You make each part of your agreement, and then you can print professional documents of your plan. Download a free 30-day trial and see how it can help you.

You can use Custody X Change to:

Negotiate an agreement with the other parent
Work with your attorney to come up with a parenting plan you like
Prepare sample agreements for mediation
Make a plan to present in court

How can I use the law to help me create my Washington parenting plan?

When creating a parenting plan in the State of Washington, it is important to be aware of the state laws regarding domestic matters.

These laws can be found in the Revised Code of Washington, Title 26, Domestic Relations.

The law contains specific information regarding the required contents of a parenting plan, the criteria the court uses to make a ruling on a parenting plan, and defines some of the terms used by the court.

When you use the law as a tool as you create your parenting plan, it will give you an advantage. It will enable you to have the resources to create a parenting plan that complies with the requirements of the law while meeting the best interests of your child.

This should increase your chances of having a successful outcome in your child custody case.

In Washington, what is the legal definition of "parenting functions"?

As defined in RCW 26.09.004, “parenting functions” means those aspects of the parent-child relationship in which the parent makes decisions and performs the necessary functions for taking care of the child. These functions include:

Maintaining a loving, nurturing, stable relationship with the child.
Attending to the child’s daily needs by providing adequate food, clothing, shelter, hygienic care, supervision, medical and dental care, and stimulating activities that are appropriate for the child’s developmental level.
Helping the child develop and maintain appropriate interpersonal relationships with people of importance and significance in the child's life, such as siblings, relatives, and friends.
Protecting the child and exercising appropriate judgment regarding the best interests of the child and the child’s welfare.
Providing financial support for the child.

A parenting plan is a plan for parenting the child, and should detail and allocate parenting functions.

Do I have to submit a parenting plan for my Washington custody case?

Yes. The State of Washington requires parents to submit a parenting plan in child custody cases (RCW 26.09.181).

If you are able to work together with the other parent and create a parenting plan, the court will review your proposed plan and if it finds it was developed in the best interests of your child, it should be approved and made into a permanent order.

If you are unable to reach an agreement with the other parent on some or all of the issues contained in the parenting plan or any other issues pertaining to your dissolution, you will be required to attend mediation in an effort to settle your disputes (RCW 26.09.015).

In Washington, how does the mediation process work?

The mediator will assess the situation and the needs of your child, and may even interview the child, if necessary and appropriate.

The mediator will make every effort to help you reach and compromise and create an agreement. The mediator will then submit the agreed upon parenting plan to the court.

Mediation is considered inappropriate in cases involving domestic violence or child abuse (RCW 26.09.16), but can be very helpful in “normal” child custody cases.

In Washington, what happens if mediation doesn't work for us?

If you attend mediation and are still unable to develop a parenting plan that you both agree on, you will be afforded the opportunity to submit your own proposed parenting plan to the court.

If your proposed parenting plan is developed in good faith and supports the best interests of your child, and the other parent fails to provide the court with a proposed parenting plan, you may ask the court to consider adopting your parenting plan, since the non-compliance of the other parent may indicate disinterest or indifference.

If you want to ensure your parenting plan will be accepted by the court, the best way to accomplish this is by working in cooperation with the other parent, however, the next best alternative is to develop and submit a proposed parenting plan that truly serves the needs of your child.

What should I include in my Washington parenting plan / agreement?

Your Washington State parenting plan should include the objectives and contents outlined in RCW 26.09.184 and should:

Provide for the child’s physical care
Maintain the child’s emotional stability and security
Minimize the child’s exposure to parental conflict
Contain a method for dispute resolution
Delegate specific decision making authority and other parenting functions to each, either, or both parents
Provide for the child’s needs as he or she grows, without having to modify the plan
Establish the child’s residency
Include a child visitation schedule that specifies when the child will spend time with each parent on a regular basis, holidays and special occasions, and for vacation time
Contain any other provisions or stipulations the parents wish to include

In Washington, what are some methods for dispute resolution?

Your Washington parenting plan / custody agreement must have a process for resolving disputes between the parents, other than court action.

For your dispute resolution you can include counseling, mediation, or arbitration by a specific individual or agency.

As you include information about how you and the other parent will resolve differences and conflicts, you need to know the following:

Preference will be given to carrying out the approved parenting plan.
The parents will use the designated dispute resolution process relating to implementation of the plan, except for in disputes about financial support, unless an emergency exists.
A written record will be prepared of any agreement reached in counseling or mediation and of each arbitration award and will be given to each parent.
If the court finds that a parent has used or frustrated the dispute resolution process without good reason, the court will award attorneys' fees and financial sanctions to the prevailing parent.
The parents have the right of review from the dispute resolution process to the superior court.

In Washington, what does the court consider when making decisions?

Ultimately, it is the best interest and welfare of the child that the State of Washington uses when making decisions on parenting plans, child visitation schedules, and all other custody related matters.

The court considers a variety of factors when considering the child's best interests:

The history of the child's care
The child's relationship with each parent
The child's adjustment to his or her home, school, and community
Whether or not a parent is not only capable, but willing to perform parenting functions in a manner that benefits the child
Any evidence of abuse, neglect, domestic violence, or any other parental conduct that may harm the child
Any other relevant factors that affect the best interest and well-being of the child

The court rules according to what is best for the child. When parents are able to get along and work together to create a parenting plan that meets the best interests of the child and appropriately delegates parenting functions, it is typically accepted and approved by the court.

The top twenty cities in Washington (by population, US Census Bureau, 2008) are: Seattle, Spokane, Tacoma, Vancouver, Bellevue, Everett, Spokane Valley, Federal Way, Yakima, Kent, Bellingham, Kennewick, Renton, Lakewood, Auburn, Pasco, Shoreline, Redmond, Kirkland, Richland.