SENATE BILL REPORT

                                    HB 1087

                             AS OF MARCH 25, 1991

Brief Description:  Concerning modification of parenting plans.

SPONSORS:Representatives Appelwick, Padden, Broback, Paris and Orr.

HOUSE COMMITTEE ON JUDICIARY

SENATE COMMITTEE ON LAW & JUSTICE

Staff:  Susan Carlson (786‑7418)

Hearing Dates:March 27, 1991

BACKGROUND:

Under Washington's dissolution of marriage laws, divorcing couples with children must establish a parenting plan.  A parent may seek modification of the plan upon a showing that a substantial change has occurred in the circumstances of the child or the nonmoving party, and that the modification is in the best interests of the child.  The court may allow the modification only if:  (1) both parents agree; (2) the child has been integrated into the moving parent's family with the consent of the other parent; (3) the present plan is detrimental to the child's health and a change would be an improvement; or (4) the nonmoving parent has repeatedly violated the residential provisions of the parenting plan or has been convicted of custodial interference.

Less stringent standards for certain modifications has been suggested to provide some flexibility to parenting plans.

SUMMARY:

An alternative set of standards are established for seeking certain modifications of a parenting plan.  A parent may seek adjustments to a parenting plan upon a showing of a substantial change in the circumstances of either parent or the child.  The proposed modification may only be one arising out of the dispute resolution process or a minor modification in the residential schedule that (a) does not change the primary residence of the child, and (b) does not exceed 24 full days per year or five full days per month, or (c) is based on a change of residence or an involuntary change in the work schedule of a parent that makes the original residential schedule impractical to follow.

Appropriation:  none

Revenue:  none

Fiscal Note:  available