How to Deny Visitation Rights in Tacoma, Washington

Once a parenting plan is in place in Washington, only a judge can order modification.

The state of Washington does not use the terms custody and visitation in its custody statutes. Instead Washington uses a parenting plan. The parenting plan covers the same issues as traditional custody and visitation schedules. It sets forth the rights and responsibilities of each parent, determines where the child will live and when the other parent may receive visitation, and discusses how to resolve disputes should an issue come up. Once a parenting plan is in place, you may ask the court to modify visitation issues under some circumstances.

Things You'll Need

• Motion filed with the court
• Supporting affidavits

Instructions

1. Know the law. Washington statutes give several reasons why the court should deny or restrict visitation. According to the Modification of Parenting Plan or Custody Decree statue, before the court orders a visitation modification, in most cases it must find that facts not known at the time of the plan's issuance have come to light or a substantial change in circumstances occurred. The focus always remains the best interest of the child and the court tries to allow children to maintain a relationship with both parents. Circumstances deemed dangerous for children by law, include abandonment, abuse, parental substance abuse that interferes with the parent's ability to care for the child, and parental mental issues that interfere with the parent's ability to care for the child.

2. Put together a request to file with the court. The request comes in the form of a motion in which you ask the court to prevent the other parent from having visitation. Along with the request, you must file supporting affidavits. To make an affidavit, make a list of the facts the court should consider to deny the other parent visitation, and have the list notarized by a notary public. If you have witnesses who will support your facts, get statements from them as well.

3. File the motion with the court and serve the other parent. You must file a custody modification request in the county where the child lives. If the child lives in Tacoma take the motion and affidavits to the Pierce County Courthouse. You will need to serve copies of all the paperwork you give to the court with the other party so they have an opportunity to respond to your allegations.

Tips & Warnings

• If you believe a child is in immediate danger contact law enforcement who can help get an emergency order in place.

• You can find many of the forms you need to file with the court to change visitation online or at the courthouse.

• Speaking to an experienced attorney can help you determine how to proceed with your request, and how likely you are to win.

• Do not simply disregard an existing order. Even if you think you have good reason to justify denying visitation you need to proceed within the bounds of the law.

References

• Permanent parenting plan: WRCW 26.09.184, Washington State Legislature
• Helpyourselfdivorce: Laws Restricting Visitation With the Child
• Child custody --- Temporary custody order, temporary parenting plan, or modification of custody decree --- Affidavits required: RCW 26.09.270: Washington State Legislature

Resources

• Court Forms: Parenting Plan/Residential Schedule Modifications: Washington State Courts