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CRITERIA FOR DETERMINING A PERMANENT PARENTING PLAN
When the parties
separate during a divorce and there are children, the determination of a
Permanent Parenting Plan can often be one of the biggest issues to
resolve. The Washington statute, RCW 26.09.187 sets out the
criteria for establishing the residential schedule for a Permanent
Parenting Plan as follows:
(3) RESIDENTIAL
PROVISIONS.
(a) The court shall make residential provisions for each child
which encourage each parent to maintain a loving, stable, and
nurturing relationship with the child, consistent with the child's
developmental level and the family's social and economic
circumstances. The child's residential schedule shall be consistent
with RCW 26.09.191. Where the limitations of RCW 26.09.191 are not
dispositive of the child's residential schedule, the court shall
consider the following factors:
(i) The relative strength, nature, and stability of the child's
relationship with each parent;
(ii) The agreements of the parties, provided they were entered
into knowingly and voluntarily;
(iii) Each parent's past and potential for future performance
of parenting functions as defined in *RCW 26.09.004(3), including
whether a parent has taken greater responsibility for performing
parenting functions relating to the daily needs of the child;
(iv) The emotional needs and developmental level of the child;
(v) The child's relationship with siblings and with other
significant adults, as well as the child's involvement with his or
her physical surroundings, school, or other significant activities;
(vi) The wishes of the parents and the wishes of a child who is
sufficiently mature to express reasoned and independent preferences
as to his or her residential schedule; and
(vii) Each parent's employment schedule, and shall make
accommodations consistent with those schedules.
Factor (i) shall be given the greatest weight.
(b) Where the limitations of RCW 26.09.191 are not dispositive,
the court may order that a child frequently alternate his or her
residence between the households of the parents for brief and
substantially equal intervals of time if such provision is in the
best interests of the child. In determining whether such an
arrangement is in the best interests of the child, the court may
consider the parties geographic proximity to the extent necessary to
ensure the ability to share performance of the parenting functions.
(c) For any child, residential provisions may contain any
reasonable terms or conditions that facilitate the orderly and
meaningful exercise of residential time by a parent, including but
not limited to requirements of reasonable notice when residential
time will not occur.
At trial, the
Court will examine each of these factors to determine what is the best
interest of the child(ren), and establish the Permanent Parenting Plan.
The free
information contained in these pages is not intended
to be legal advice, and does not create an attorney-client relationship. You
should always consult with an
experienced family law attorney before taking any action. Feel free
to call us at 425-255-4542 to schedule an appointment.
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MOGREN, GLESSNER & ROTI, Renton, Washington, 98057
Phone: (425) 255-4542
Our law firm is conveniently located in Renton, King County, WA, just off the freeway at the intersection of I-405 and I-167, easily accessible from Seattle and Bellevue Washington. Our
three family law and divorce attorneys represent clients in the greater Seattle area and throughout the State of Washington, including the communities of Renton, Kent, Tukwila, Seattle, Bellevue, Mercer Island, Issaquah, Fairwood,
Cascade, Newcastle, Normandy Park, Auburn, Maple Valley, Black Diamond,
Skyway, Federal Way, Des Moines, Kent Meridian, Burien, SeaTac, Factoria, Covington, Medina, Fox
Island, Gig Harbor, North Bend, Snoqualmie, Sammamish, Seahurst, Redondo, Enumclaw and most of south King County. Call 425-255-4542 for a free telephone consultation with an
experienced family law and divorce attorney / lawyer. Our attorneys represent both men and women in divorce
and the drafting of simple wills,
and are members of the Christian Legal Society. Our lawyers offer affordable rates
(reasonably priced) for uncontested divorce.
The free information and help contained in these
pages is not intended to be legal advice, and does not create an
attorney-client relationship. You should always consult with a lawyer before
taking any legal action. Feel free to call us at 425-255-4542 for a free
telephone consultation with a family law lawyer for help regarding your
marriage, divorce (contested or uncontested), custody, complex property division,
child support and maintenance, adoption, will, estate plan or
probate. We offer inexpensive (cheap) discount package deals and for our wills,
simple will and estate
planning documents. We offer a Christian perspective in our practice, yet
are aggressive in protecting your rights. Our attorneys are licensed to practice in the State of Washington,
and are easily accessible to the greater Seattle area.
Serving both male and female clients in the Seattle, King County, WA area, including the communities of Kent, Renton, Tukwila, Southcenter, Seattle, Auburn, Bellevue, Mercer Island, Federal Way, Maple Valley, Des Moines, SeaTac, Burien, Fairwood,
Cascade, Covington, Newcastle, Normandy Park, Issaquah, Factoria, Black Diamond, Algona, Covington, Fall City, Hobart, Medina, North Bend, Pacific,
Buckley, Highline, Wilkeson, Newport Hills, Clyde Hill, Coal Creek, White Center,
Boulevard Park, Rainier Beach, Rainier Valley, Bryn Mawr, Redondo, Covington, Kent Kangley,
Cougar Mountain, Preston, Ravensdale, Kanaskat, Palmer, Cumberland, Redondo,
Midway, Georgetown, Riverton Heights, McMicken Heights, Eastgate, Kennydale, Medina,
Overlake, Boeing, Microsoft, Paccar, Kenworth, East Renton Highlands, Preston, Kent East Hill, Lake Meridian,
Green River, Star Lake, Lake Sawyer, Duwamish, Seward Park, Columbia City, Georgetown, Holly Park, Sodo, Sammamish, Seahurst, Snoqualmie,
Soos Creek, Emerald Downs, Muckleshoot, Twin Lakes, Skyway,
Bellevue, Enumclaw and most of south King County, WA. This includes zip
codes of 98055, 98056, 98057, 98058, 98059, 98030, 98031, 98032 98042,
98038, 98040, 98045, 98168, and 98188, and area codes of 206, 253, and 425,
. We represent clients
from Boeing, Microsoft, Starbucks, Costco, Weyerhaeuser, Valley Medical
Center, various hospitals and insurance companies, T-Mobile, and many other employers. We serve clients of all
nationalities and ethnicities, including African American, Native American,
Asian, Hispanic, Latino, Caucasian, black, Indian, Korean, Japanese,
Russian, Ethiopian, Italian, Vietnamese, Pacific Islander, Philippine, Irish, English, French, German, and Chinese.
We receive clients of all faiths and religions, including Christian, Islam,
Hindu, Buddhist, Muslim, Judaism, Baha'i, New Age, Scientology, Mormon, LDS Catholic, Protestant,
Presbyterian, Baptist, Methodist, Pentecostal, Charismatic, Foursquare,
Evangelical, Assembly of God, Jehovah Witness, Episcopal, Foursquare,
Lutheran, Bible, Pentecostal, Orthodox, Adventist, Unitarian, atheist, and agnostic. We also represent clients who are
members of labor unions (Teamsters, AFL-CIO, Teachers Union, NEA), unemployed or stay-at-home parents,
members of service organizations (Kiwanis, Lions, Masons, Rotary, Shriners,
AARP, etc), Democrat and Republican, veterans and military personnel. Please call to talk to an affordable
(inexpensive) Washington state family law attorney / lawyer for help about your divorce (contested or uncontested),
complex property division, simple wills, probate or other legal issue.
For other external web sites regarding our firm, please
visit
Findlaw,
Lawyers.com,
Custody Source,
Martindale & Hubble,
AVVO .
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MOGREN, GLESSNER & ROTI, Renton, Washington, 98057
Phone: (425) 255-4542
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