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Order Re Modification Or Adjustment Of Custody Decree Or Parenting Plan Or Residential Schedule DRPSCU 07.0400 - Washington
| Order Re Modification Or Adjustment Of Custody Decree Or Parenting Plan Or Residential Schedule Form. This is a Washington form and can be used in Divorce Domestic Relations Statewide . |
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Superior Court of Washington County of In re: No. Petitioner, and Respondent. Order Re Modification/Adjustment Of Custody Decree/Parenting Plan/Residential Schedule (ORMDD/ORDYMT) I. Basis This order is based on: A petition for an order modifying the prior custody decree/parenting plan/residential schedule/judgment establishing parentage; and: [] [] [] a finding that adequate cause had been established for hearing the petition. an agreement of the parties. an order of default signed by the court on this date or dated _______________________________. II. Findings The Court Finds: 2.1 Jurisdiction This court has jurisdiction over this proceeding for the reasons below. [] This court has exclusive continuing jurisdiction. The court has previously made a child custody, parenting plan, residential schedule or visitation determination in this matter and retains jurisdiction under RCW 26.27.211. This state is the home state of the children because: [] Ord Re Mod/Adj of Parenting Pln (ORMDD, ORDYMT) - Page 1 of 7 WPF DRPSCU 07.0400 Mandatory (07/2011) - RCW 26.09.260; .270; 26.10.200 American LegalNet, Inc. www.FormsWorkFlow.com [] [] [] [] the children lived in Washington with a parent or a person acting as a parent for at least six consecutive months immediately preceding the commencement of this proceeding. the children are less than six months old and have lived in Washington with a parent or a person acting as parent since birth. any absences from Washington have been only temporary. Washington was the home state of the children within six months before the commencement of this proceeding and the children are absent from the state but a parent or person acting as a parent continues to live in this state. [] The children and the parents or the children and at least one parent or a person acting as a parent have significant connection with the state other than mere physical presence, and substantial evidence is available in this state concerning the children's care, protection, training and personal relationships, and: [] [] The children have no home state elsewhere. The children's home state has declined to exercise jurisdiction on the ground that this state is the more appropriate forum under RCW 26.27.261 or .271. [] All courts in the children's home state have declined to exercise jurisdiction on the ground that a court of this state is the more appropriate forum to determine the custody of the children under RCW 26.27.261 or .271. No other state has jurisdiction. This court has temporary emergency jurisdiction over this proceeding because the children are present in this state and the children have been abandoned or it is necessary in an emergency to protect the children because the children, or a sibling or parent of the children, are subjected to or threatened with abuse. RCW 26.27.231. [] There is a previous custody determination that is entitled to be enforced under this chapter or a child custody proceeding has been commenced in a court of a state having jurisdiction under RCW 26.27.201 through 26.27.221. The requirements of RCW 26.27.231(3) apply to this matter. This state's jurisdiction over the children shall last until (date) _________________________________. There is no previous custody determination that is entitled to be enforced under this chapter and a child custody proceeding has not been commenced in a court of a state having jurisdiction under RCW 26.27.201 through 26.27.221. If an action is not filed in (potential home state) _____________________________ by the time the child has been in Washington for six months, (date) _________________________________, then Washington's jurisdiction will be final and continuing. [] [] [] [] Other: 2.2 Modification Under RCW 26.09.260(1), (2) Ord Re Mod/Adj of Parenting Pln (ORMDD, ORDYMT) - Page 2 of 7 WPF DRPSCU 07.0400 Mandatory (07/2011) - RCW 26.09.260; .270; 26.10.200 American LegalNet, Inc. www.FormsWorkFlow.com [] [] Does not apply. The custody decree/parenting plan/residential schedule should not be modified because none of the statutory reasons in RCW 26.09.260(1) and (2) apply. The custody decree/parenting plan/residential schedule should be modified because a substantial change of circumstances has occurred in the circumstances of the children or the nonmoving party and the modification is in the best interest of the children and is necessary to serve the best interest of the children. This finding is based on the factors below: [] [] The parties agree to the modification. The children have been integrated into the moving party's family with the consent of the other party in substantial deviation from the decree or parenting plan/residential schedule. The children's environment under the custody decree/parenting plan/residential schedule is detrimental to the children's physical, mental or emotional health and the harm likely to be caused by a change in environment is outweighed by the advantage of a change to the children. The other party has been found in contempt of court at least twice within three years because the person failed to comply with the residential time provisions in the court-ordered parenting plan, or the person has been convicted of custodial interference in the first or second degree under RCW 9A.40.060 or 9A.40.070. [] [] [] The following facts, supporting the requested modification, have arisen since the decree or plan/schedule or were unknown to the court at the time of the decree or plan/schedule: 2.3 Modification or Adjustment Under RCW 26.09.260(4) or (8) [] [] Does not apply. The custody decree/parenting plan/residential schedule should not be modified because: [ ] none of the statutory reasons in RCW 26.09.260(4) apply. [ ] none of the statutory reasons in RCW 26.09.260(8) apply. Ord Re Mod/Adj of Parenting Pln (ORMDD, ORDYMT) - Page 3 of 7 WPF DRPSCU 07.0400 Mandatory (07/2011) - RCW 26.09.260; .270; 26.10.200 American LegalNet, Inc. www.FormsWorkFlow.com [] The custody decree/parenting plan/residential schedule should be modified because the reduction or restriction of the residential time for the person with whom the children do not reside a majority of the time would serve and protect the best interests of the children using the criteria in RCW 26.09.191. The following facts support the request for modification: [] The custody decree/parenting plan/residential schedule should be adjusted because the nonresidential party has voluntarily failed to exercise residential time for on
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