Spokane Lawyer ~ Attorney ~ Family Law

Spokane, Washington

Parenting Plans:
What is the difference between a
temporary parenting plan and final parenting plan?

Washington Domestic Relations Statute RCW 26.09.004: Definitions illustrates the difference between the two. A temporary parenting plan is a parenting plan that is ordered at a temporary orders hearing pending final resolution of your family law matter. [RCW 26.09.004(1)] A permanent or final parenting plan is the final parenting plan that is obtained after either a trial or agreement.

This Statute also defines parenting functions, which are important elements in meeting the best interest standard. Parenting functions are "aspects of the parent-child relationship in which the parent makes decisions and performs functions necessary for the care and growth of the child. [RCW 26.09.004(3)]
They include:

• Maintaining a loving, stable, consistent, and nurturing relationship with the child;
  
  
• Attending to the daily needs of the child, such as feeding, clothing, physical care and grooming, supervision, health care, and day care, and engaging in other activities which are appropriate to the developmental level of the child and that are within the social and economic circumstances of the particular family;
  
  
• Attending to the adequate education for the child, including remedial or other education essential to the best interests of the child;
  
  
• Assisting the child in developing and maintaining appropriate interpersonal relationships;
  
  
• Exercising appropriate judgment regarding the child's welfare, consistent with the child's developmental level and the family's social and economic circumstances; and
  
  
• Providing for the financial support of the child. [RCW 26.09.004(3)]
  
  

In addition to who and how each parent has been responsible to the child or children, Spokane County Superior Court as well as the Superior County Courts in all other jurisdictions in this State requires additional relevant information. Washington Domestic Relations Statute RCW 26.09.194 references the additional information required. [RCW 26.09.194(1) - (2)]

There are different criteria for implementing a temporary parenting plan than implementing a final parenting plan, although some of this information is similar.

In addition to the domestic relations statutes above, the Spokane County Superior Court as well as surrounding jurisdictions, also evaluates the following for temporary parenting plans:

• (1) The relative strength, nature, and stability of the child's relationship with each parent; and
  
  
• (2) Which parenting arrangements will cause the least disruption to the child's emotional stability while the action is pending.
  
  

The court shall also consider the factors used to determine residential provisions in the permanent parenting plan.

For final parenting plans, Spokane County Superior Court as well as the surrounding jurisdictions consider the following:

• (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.
  [RCW 26.09.187(3)]

Furthermore, County Superior Court, including Spokane, will also require information found in the following Domestic Relations Statutes: [RCW 26.09.184], [RCW 26.09.187], and [RCW 26.09.191].

RCW 26.09.191 above is especially important to evaluate whether any proper limitations or restrictions should apply to either parent in litigating a parenting plan. Again, the best interest standard is the most important consideration. Naturally, detriment to the child, whether physical, mental, or emotional, should not be tolerated. Any such detriment should be considered if applicable to that the best parenting plan for you and your child or children can be crafted.

As you can see, a parenting plan is a complex court order that requires tremendous consideration and relevant knowledge on a wealth of factors including the court's legal procedure. If you need a parenting plan or residential schedule, you will undoubtedly be best served with a knowledgeable attorney to represent you. A good lawyer can guide you through the process efficiently and effectively to help obtain the best possible outcome in court.

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