Up to that point, however, the situation is more complex, as there is no set age at which a child can refuse visitation. Obviously, the court may take action to enforce a visitation order when one parent is interfering with the visitation rights of the other.
We call it the “every-other-weekend” parenting plan. Like the name implies, the non-custodial parent receives residential time every-other-weekend, plus a midweek visit. I will explain in more detail later, including the treatment of other aspects of parenting time, such as holidays and vacations.
In Washington, a Parenting Plan does not award custody. Instead, it has a Parenting Time Schedule that says when the children will live with each parent. If the parents do not agree on a schedule, the judge will decide one in the children's best interest.
In Washington state, if you are in a situation where the other parent to your child is not following the parenting plan in bad faith, then your recourse is to file a contempt action in court.
Both Parents Have To Agree in Writing on the Terms of Custody. If you want to avoid going to court to modify custody arrangements, both parents must agree in writing on every aspect of custody that is being changed.
Modification via Mediation Alternative dispute resolution (ADR) is a popular avenue for parents trying to arrange or modify custody agreements in California. Through ADR, you could achieve an official, legal custody modification without going to court. ADR is not a custody trial.
If you already know the name of the county where the petition was filed, you can contact the clerk at the superior court. The contact information can be obtained at . Once you contact the clerk, you can buy copy of the documents that are public records of your case.
However as long as both parents are mutual agreement, and there is no concern for the child's safety, then yes a notarized custody agreement reached between both parents would generally be honored by the Family Court.
When one parent refuses to or is incapable of co-parenting with the other parent, it could be grounds for sole custody. Both parents are expected to communicate and cooperate with each other to make decisions for their child, without allowing their personal conflicts to get in the way.
Generally, in most US states, including California, you don't need a lawyer to start a custody case. This is because you have the right of self-representation in court. You may agree if you and your ex-partner are willing to work out your differences.