When parents divorce, a parenting plan for their children must be entered as part of the divorce action. The court who decides the issues in contested Seattle parenting plans is the Superior Court in which the divorce (dissolution) or other family law case has been filed. For parties filing in Seattle parenting plans are decided by the King County Superior Court, either in Seattle or Kent. Seattle parenting plans (or -œresidential schedules-) address several issues. First, each specifies with whom the child shall reside during the school year, school vacations, holidays, and special days like birthdays. It also names one parent as the primary custodial parent, typically the parent with whom the child lives for most of the time under the order. It allocates decision making authority between the parties for such matters as education and health care; and it makes provisions for resolving disputes in the event the parties disagree in the future on a custody issue.
Seattle Parenting Plans may be entered temporarily to enable parents and children to live their everyday lives pending the finalization of the divorce or other action. In Seattle parenting plans both temporary and final are entered by the King County Superior Court, and the specific process can be explained by an attorney with experience in Seattle parenting plans. Under Washington State family law mandatory forms must be used for parenting plans, please see Washington State child custody and Seattle Parenting Plans forms. Establishing can be one of the most stressful and expensive matters involved in a divorce. Therefore, it is best when the parties can agree to the terms of this issue. As any attorney who drafts Seattle parenting plans will tell you, parents tend to respect agreed parenting plans more than they do those imposed by a court. However, when the parties cannot agree, the court will weigh several factors when determining which parent should be named the custodial parent and what the visitation provisions for the child will be. Under Washington State family law, the best interests of the child will be considered before the court enters Seattle parenting plans. Specifically, the court will consider the factors such as: - The relative strength, nature, and stability of the child’s relationship with each parent, including whether one parent has performed more primary duties for caring for the daily needs of the child; - Each parent’s potential for future performance of parenting functions; - The emotional and developmental circumstances of the child; - The child’s relationship with siblings, relatives, and other adults; - The child’s involvement with his or her school, social environment, or other major activities; - The desires of the parents and the desires of the child, if the child is sufficiently mature to express those desires regarding such issues; and, - Each parent’s employment circumstances and commitment When the court issues temporary Seattle parenting plans, it considers the above factors as well as the following: - Which parent has done more regarding the daily care of the child during the past twelve months; and, - Which parenting arrangement would create the least disruption to the child’s stability while the divorce action is on-going. As the above summary indicates, parenting issues can be complex and highly sensitive to litigate. If you foresee a divorce or legal separation action, and you have children who live in Seattle, consulting with a McKinley Irvin family law attorney is the best way to protect your parental rights and the best interests of your child. For statutes regarding Seattle Parenting Plans please see RCW 26.09.184: Permanent Seattle parenting plans.
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