Parenting plan guide

A Parenting Plan is a court order that says who has the right to spend time with and make decisions for a child. It will include:  

• Which parent the children will live with most of the time (custody)
• How much time the children will spend with each parent
• Who will make major decisions about the children, including school and medical care
• How the parents will work out major disagreement about the Parenting Plan
• If there are serious safety concerns, the Parenting Plan can include restrictions (limitations) on a parent

Washington courts generally don’t use the words custody and visitation. They talk about the residential schedule and decision-making authority for the children.  

How can I get a Parenting Plan?

A judge will order a Parenting Plan as part of a family law court case such as: 

• Divorce
• Petition for a Parenting Plan (for unmarried parents after parentage is decided)
• Petition to Change Parenting Plan

“Judge” here refers to judges and court commissioners.

Someone who is not a legal parent can't get a Parenting Plan. 

• If you believe you are a parent but you’re not legally recognized as one, you must first establish legal parentage before getting a Parenting Plan.
• If you want custody of a child and you’re not the child's parent, you may get a court order called a Residential Schedule as part of a minor guardianship case. Before 2021, this was called non-parent custody.
• If you’re a relative who wants the legal right to visit with a child, you can petition the court for non-parent visitation rights.

When do I file a Parenting Plan? 

You can file a Parenting Plan form at different stages of your family law case: 

• Beginning – with your petition or response
• Middle – with a motion for temporary orders
• End – with your final orders

You can fill out a Parenting Plan form as a proposal, an order, or an agreement.

• Proposal – A Parenting Plan proposal tells the other parent and the judge what you want.
• Order – A judge signs a Parenting Plan order after making a decision at a temporary orders hearing or trial.  If the judge has already made a decision, you must fill out the Parenting Plan order to show the judge’s actual decision, even if it is different from what you asked for.
• Agreement – If you and the other parent agree, fill out the Parenting Plan to show the agreement you made. If you both sign the Proposal and Order versions of the plan, the judge will most likely approve it.

Answer a few questions on Get Family and Safety Forms to get the right forms for your situation.

You must have a copy of your proposed Parenting Plan and related papers delivered to (served on) every other party in the case. There are different rules for serving papers to start a case , and serving papers after a case has started. 

What’s the difference between a temporary and a final Parenting Plan?

Family law cases can take many months from start to finish. Temporary orders, including temporary Parenting Plans, put rules in place for the short-term while the case is in progress. The final Parenting Plan, which the judge makes to end your court case, is meant to be permanent, or at least to cover a much longer period. Because of that, it’s easier to change temporary orders than it is to change final orders. 

Can I get a Parenting Plan in Washington State?

It depends. Washington may not have the legal authority (jurisdiction) to make a Parenting Plan if: 

• Your children live in a different state
• The children haven’t been living in Washington for at least 6 months
• Another state has already made an order about the children

If any of these describes your situation, try to talk to a lawyer before trying to file for a Parenting Plan in Washington State. 

Will the judge approve my Parenting Plan?

It depends: 

• If you and the other parent agree on a proposed Parenting Plan: the judge will usually approve it.
• If you and the other parent disagree: the judge will decide on a Parenting Plan after hearing or trial. The judge will look at many things when deciding, most importantly what’s in the children’s best interests. See Chapter 2: Who gets custody?