How do I file a parenting plan in Washington?
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You can certainly file for custody of your child. You’ll do this at the local courthouse in the county where the child resides. You’ll want to fill out a petition for custody and file it, then have it served on the father. The judge will schedule a hearing to determine what’s in the child’s best interests. They’ll look at things like income stability, housing, and any issues such as drugs, alcohol, or violence (RCW 26.09.187).
Once custody is established, you can also request child support. It’s calculated based on the custody arrangement and both parents’ income (RCW 26.19.020). You can file on your own or get help from an attorney. For legal support, contact your local bar association, legal aid society, or a nearby law school with legal clinics.
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Can I go to the courthouse and file a parenting plan to serve to my ex-boyfriend?
I understand you're looking to create a parenting plan for your child. Have you and your ex-boyfriend discussed this before?
We have a non-court-ordered parenting plan that’s currently not working for me.
Are there any specific concerns or issues you would like to address in the parenting plan?
He is currently staying in the same home. He's allowed to come downstairs to say good morning to our daughter every day, but it’s not working because he consistently has disagreements with me.
Is there anything else the lawyer should know before I connect you?
He has narcolepsy and has fallen asleep multiple times while caring for her. I’m concerned for her safety.
Hello, my name is Charlie, and I am a licensed attorney. I’m sorry you’re experiencing these issues, but I’ll be happy to assist you today. Please allow me a moment to review your question. Which state do you live in?
Washington.
Understood. How old is your child?
Two years old.
Is the father listed on the child’s birth certificate?
Yes.
So, currently, there’s not a parenting plan or custody order in place through the court?
Correct.
Does the father pay child support?
Not currently, but I would like him to.
How often does the father see the child now?
Two days a week.
You can certainly file for custody of your child. You’ll do this at the local courthouse in the county where the child resides. You’ll want to fill out a petition for custody and file it, then have it served on the father. The judge will schedule a hearing to determine what’s in the child’s best interests. They’ll look at things like income stability, housing, and any issues such as drugs, alcohol, or violence (RCW 26.09.187).
Once custody is established, you can also request child support. It’s calculated based on the custody arrangement and both parents’ income (RCW 26.19.020). You can file on your own or get help from an attorney. For legal support, contact your local bar association, legal aid society, or a nearby law school with legal clinics.
Will this still work if we are currently living in the same home? I'm looking to move out but currently cannot afford that.
No, you cannot file for custody when you live together.
So I need to move out first, then I can?
Correct.
If I am currently the primary caregiver and need to move out of the county, am I legally allowed to do that?
Yes.
He cannot tell me no, correct?
Right.
Even if it’s just a few hours away in the same state? Also, am I able to move out of state if I need to?
Yes. Since there is no custody order in place, there are no restrictions. If you need to move, you're free to do so.
Okay, thank you so much for your time.
You’re welcome. Thank you again for using AskaLawyer. I wish you the very best in this difficult situation. If anything changes, don’t hesitate to reach out. Take care!
