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Petition for Modification

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Petition for Modification/Adjustment of Custody Decree/Parenting Plan/Residential Schedule (PTMD)

Superior Court of Washington

County of

In re:

Petitioner,

and

Respondent.

No.

Petition for Modification/Adjustment of Custody Decree/Parenting Plan/Residential Schedule (PTMD)

Para. 2.14: check box if petition is attached for:

Order for protection DV (PTORPRT)

Order for protection UH (PTORAH)

1.1 Identification of Requesting Party/Parties

Name (first/last) Birth date

Last known residence (county and state only)

Name (first/last) Birth date

Last known residence (county and state only)

1.2 Identification of Other Party/Parties

Name (first/last) Birth date

Last known residence (county and state only)

Name (first/last) Birth date

Last known residence (county and state only)

Name (first/last) Birth date

Last known residence (county and state only)

1.3 Dependent Children

Name (first/last) Age

Name (first/last) Age

Name (first/last) Age

Name (first/last) Age

Name (first/last) Age

Name (first/last) Age

II. Basis

2.1 Petition for an Order Modifying Custody Decree/Parenting Plan/Residential Schedule

This is a petition for an order modifying the prior custody decree/parenting plan/residential schedule/judgment establishing parentage and approving my proposed parenting plan/residential schedule, which is filed with this petition.

The court entered a judgment and order establishing parentage on at (county and state) under cause number

2.2 Adequate Cause

There is adequate cause for hearing the petition for modification.

2.3 Child Support

Does not apply.

Child support should be modified or established if the court grants the petition to modify the parenting plan or residential schedule. A child support worksheet and financial declaration must be filed with this action. RCW 26.09.170.

2.4 Jurisdiction and Venue

The court has proper jurisdiction and venue.

The requesting party/parties reside(s) in (county and state only) .

The children reside in (county and state only) .

The other party/parties reside(s) in (county and state only) .

2.5 Jurisdiction Over Proceeding

This court has exclusive continuing jurisdiction.

This state is the home state of the children because:

The children and the parents or the children and at least one parent or a person acting as a parent have significant connection with the state other than mere physical presence, and substantial evidence is available in this state concerning the children’s care, protection, training and personal relationships, and:

No other state has jurisdiction.

This court has temporary emergency jurisdiction over this proceeding because the children are present in this state and the children have been abandoned or it is necessary in an emergency to protect the children.

There is a previous custody determination. This state’s jurisdiction over the children shall last until

There is no previous custody determination and no proceeding has been commenced in another state. If an action is not filed in by , then Washington's jurisdiction will be final and continuing.

2.6 Uniform Child Custody Jurisdiction and Enforcement Act Information

Name of Child Parent’s Name Parent’s Name

In no place other than the state of Washington and with no person other than the requesting party or the other party.

In the following places with the following persons:

The requesting party does not know of any person other than the other party who has physical custody of, or claims custody or visitation rights to, the children.

The following persons have physical custody of, or claim to have custody or visitation rights to, the children:

The requesting party has not been involved in any other proceeding regarding the children.

The requesting party has been involved in the following proceedings regarding the children:

The requesting party does not know of any other legal proceedings concerning the children.

The requesting party knows of the following legal proceedings concerning the children:

2.7 Custody Decree or Parenting Plan/Residential Schedule

The Custody Decree/Parenting Plan/Residential Schedule was entered on at (county and state) .

2.8 Modification Under RCW 26.09.260(1), (2)

Does not apply.

The custody decree/parenting plan/residential schedule should be modified because a substantial change of circumstances has occurred.

2.9 Modification or Adjustment Under RCW 26.09.260(4) or (8)

Does not apply.

The custody decree/parenting plan/residential schedule should be modified because reduction or restriction of residential time would serve and protect the best interests of the child.

2.10 Adjustments to Residential Provisions Under RCW 26.09.260(5)(a) and (b)

Does not apply.

Minor modification in the residential schedule that is not more than 24 full days in a calendar year.

Based on a change of residence or involuntary work schedule change.

2.11 Adjustments to Residential Provisions Under RCW 26.09.260(5)(c), (7), (9)

Does not apply.

This section only applies to a person with whom the child does not reside a majority of the time who is seeking to increase residential time.

2.11.1 Parent subject to limitations under RCW 26.09.191(2) or (3)

The residential time of is not subject to limitations.

The residential time of is subject to limitations.

2.11.2 Parent Required to Complete Evaluations, Treatment, Parenting or Other Classes

is not required under the existing Parenting Plan/Residential Schedule to complete evaluations, treatment, parenting or other classes.

is required under the existing Parenting Plan/Residential Schedule to complete evaluations, treatment, parenting or other classes.

2.11.3 Adjustment to Residential Provision Under RCW 26.09.260(5)(c)

The proposed modification is a minor modification and the increase is more than 24 full days but less than 90 overnights per year total.

2.12 Adjustments to Nonresidential Provisions Under RCW 26.09.260(10)

Does not apply.

The following nonresidential provisions should be adjusted because there is a substantial change of circumstances:

Dispute resolution.

Decision making.

Transportation arrangements.

Other:

2.13 Substantial Change in Circumstance

You must complete this part if you request a modification or adjustment in paragraphs 2.8, 2.10, 2.11.1, 2.11.3 or 2.12.

The requested modification or adjustment is based upon the following substantial change in circumstance:

2.14 Protection Order

Does not apply.

There is a protection order between the parties filed in case number , court , which expires on

The court should grant the domestic violence antiharassment petition for order for protection: attached to this petition. filed separately under this case number

2.15 Servicemembers Civil Relief Act Statement

2.15.1 A. Service member status -- (name of other party) :

is not a service member;

is on active duty in the U.S. armed forces (excluding National Guard and reserves);

is on active duty and is a National Guard member or a Reservist residing in Washington;

is not on active duty in the U.S. armed forces (excluding National Guard and reserves);

is not on active duty and is a National Guard member or a Reservist residing in Washington;

I am unable to determine whether the other party is or is not on active duty in the U.S. armed forces;

I am unable to determine whether the other party is or is not on active duty as a National Guard member or a Reservist residing in Washington.

B. Factual basis:

See the attached Department of Defense Manpower Data Center Status Report Pursuant to Servicemembers Civil Relief Act (SCRA).

Other factual basis:

C. As indicated above, the other party is on active duty and (check all that apply):

The other party is represented by an attorney.

The court has appointed an attorney to represent the other party.

A stay of these proceedings has been entered by the court.

2.15.2 A. Dependent of a service member status -- (name of other party) :

is a dependent of a resident of Washington who is on active duty and is a National Guard member or a Reservist;

is not a dependent of a resident of Washington who is on active duty and is a National Guard member or a Reservist;

I am unable to determine whether the other party is a dependent of a resident of Washington who is on active duty and is a National Guard member or a Reservist.

B. Factual basis:

The other party failed to respond to a notice served or mailed by first class mail on , therefore he or she should be presumed not a dependent.

Other factual basis:

C. As indicated above, the nonmoving party is a dependent of a resident of Washington who is on active duty and is a National Guard member or a Reservist and (check all that apply):

The nonmoving party is represented by an attorney.

The court has appointed an attorney to represent the nonmoving party.

A stay of these proceedings has been entered by the court.

2.16 Other

III. Relief Requested

The moving party requests that the court find that there is adequate cause for hearing this petition and enter an order modifying the custody decree/parenting plan/residential schedule in this matter and approving the proposed parenting plan/residential schedule, which is filed with this petition.

The moving party also requests that the court:

Enter an order establishing child support in conjunction with the proposed parenting plan/residential schedule.

Enter a domestic violence protection order.

Enter an antiharassment protection order.

Other:

Date

Signature of Requesting Party or Lawyer/WSBA No.

Print Name

Date

Signature of Requesting Party or Lawyer/WSBA No.

Print Name

I declare under penalty of perjury under the laws of the state of Washington that the foregoing is true and correct.

Signed at (city) , (state) on (date)

Signature of Requesting Party

Print Name

Signed at (city) , (state) on (date)

Signature of Requesting Party

Print Name

Joinder

I, , join in the petition.

I waive notice of entry of the decree.

I demand notice of all further proceedings in this matter.

Further notice should be sent to the following address:

Date Signature Print Name

I, , join in the petition.

I waive notice of entry of the decree.

I demand notice of all further proceedings in this matter.

Further notice should be sent to the following address:

Date Signature Print Name

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What a Petition for Modification Is and When it Applies

A Petition for Modification is a court filing that asks a judge to change an existing court order or judgment, commonly used in family law (custody, support, visitation), probation, or administrative orders. It explains the changed circumstances or new evidence that justify revising the prior order, identifies the party requesting relief, and specifies the exact changes sought. Courts require factual detail and supporting documents so the judge can determine whether the legal standard for modification is met. Procedures and allowable changes vary by jurisdiction and by the type of underlying order.

Why Filing a Clear Petition for Modification Matters

A well-prepared petition clarifies the relief requested, reduces clerk follow-up, and helps the court schedule a hearing efficiently. It frames factual changes and legal grounds so the judge can evaluate whether modification standards are satisfied under applicable state law and prior case orders.

Why Filing a Clear Petition for Modification Matters

Who Typically Prepares and Submits This Petition

Parties seeking changes to an existing court order, attorneys, or court clerks may prepare the petition depending on complexity and local rules.

  • Self-represented petitioners who can describe material changes and provide supporting documents for the court to consider.
  • Private attorneys who draft a legally framed petition, attach exhibits, and manage service and hearing logistics.
  • Court clerks or pro se assistance centers who help with local filing formats and e-filing portal requirements.

Who files will affect required attachments, service methods, and whether local rules or e-filing portals must be used.

Representative Filers

Petitioner — Individual

A non-attorney petitioner files to change an existing order after a qualifying change in circumstances. The petitioner must verify facts, attach proof such as pay stubs or medical records, serve the other party per local rules, and comply with hearing notice periods.

Attorney — Counsel

An attorney prepares a legally framed petition, includes citations to governing statutes or case law, drafts proposed amended orders, coordinates service, and represents the client at the hearing; attorneys usually confirm e-filing formats and local fee requirements before submission.

Essential Components of a Professional Petition for Modification

A complete petition organizes legal and factual elements so the court can evaluate modification criteria and schedule relief without unnecessary delay.

Case Caption

Full court name, case number, and party names exactly as in the original order to ensure proper matching with the court file and clerk processing.

Statement of Jurisdiction

A short statement confirming the court retains authority to modify the order, referencing the original filing and any statutory basis for modification.

Grounds for Modification

Clear facts describing the material change in circumstances or new evidence that justifies revision of the prior order; include dates and specifics.

Requested Relief

A precise description of the changes sought (for example, modify custody schedule, adjust child support amount, or amend visitation terms).

Supporting Documents

Attach exhibits such as pay stubs, medical records, affidavits, or school records that substantiate the asserted change in circumstances.

Signature Block

Signature, printed name, address, phone number, and date for the petitioner or counsel; include certification of service details.

Required Information and Common Checklist Items

Case Number: Include exact docket number.
Court Name: Full judicial district or county court name.
Party Names: Use full legal names as in original order.
Effective Date: Date you want the change to take effect.
Exhibit List: Numbered attachments referenced in petition.
Service Proof: Affidavit or certificate of service included.

Step-by-Step: Completing a Petition for Modification

Follow these steps to prepare, serve, and file a petition that meets court expectations and avoids processing delays.

  • 01
    Verify existing order: Confirm case caption and order terms before drafting.
  • 02
    Draft factual statement: Describe material change clearly and concisely with dates.
  • 03
    Attach proof: Include exhibits and label them in the petition text.
  • 04
    File and serve: File via court e-filing or clerk and serve opposing party per rules.

How to Prepare the Petition for Online Filing

Configure your document and attachments to meet common e-filing portal requirements before submitting to the court.

File Format PDF/A preferred; ensure text is searchable.
Filename Convention Use CaseNumber_PetitionForModification.pdf
Exhibit Ordering Number exhibits and reference them in the petition.
Cover Sheet Include court-required cover sheets where applicable.
Redaction Remove or redact sensitive data (SSNs, minors' full DOBs).

Where to File and How Papers Are Routed

Filing location and routing depend on the court that issued the original order; many jurisdictions now accept e-filing for family or civil matters.

  • Original Court: File the petition in the same court that entered the original order.
  • E-filing Portal: Use the court's electronic filing system if available.
  • Clerk Submission: For paper filings, submit to the clerk and obtain a stamped copy.
  • Service: Serve opposing party according to local service rules.

Electronic Filing and eSignature Requirements

Courts vary on permitted electronic signatures and e-filing file formats; confirm technical and authentication expectations before e-submission.

  • File Types: PDF, PDF/A supported
  • Authentication: Email, SMS code, or court-specific login
  • Integrations: Common with e-filing vendors and cloud storage

Ensure any e-signature method meets ESIGN (15 U.S.C. ch. 96) and the state rule applicable to intrastate filings (UETA or state ESRA).

Common Timing Considerations and Typical Deadlines

Deadlines for petitions and related steps depend on local rules and the underlying order; begin timing calculations early to meet service and hearing requirements.

Service Periods:

Many courts require service 7–30 days before a hearing.

Response Deadlines:

Opposing party often has 20–30 days to respond.

Hearing Scheduling:

Hearings commonly set 30–90 days after filing.

Emergency Motions:

Expedited review possible for immediate harm.

Appeal Timing:

Post-decision appeal windows vary by court and statute.

Common Mistakes to Avoid When Preparing the Petition

  • Giving only general statements without dates or supporting evidence that show a material change in circumstances.
  • Failing to use the exact case caption or case number, causing clerks to misfile or delay the petition.
  • Attaching unnumbered exhibits or failing to reference exhibits within the petition narrative.
  • Not verifying local filing fees, e-filing formats, or service rules before submitting paperwork.

Consequences of Errors or Incomplete Petitions

Dismissal: Court may dismiss for procedural defects.
Sanctions: Unreasonable filings can trigger sanctions.
Default Ruling: Failure to serve may allow default outcomes.
Delays: Incorrect filings lengthen time to resolution.
Evidentiary Loss: Late or missing exhibits may be excluded.
Increased Costs: Additional fees and attorney time accrue.

Typical eSignature Pricing and Feature Comparison for Filing Workflows

Comparison focuses on basic starting price, trial availability, bulk send capability, audit trail, HIPAA support, and envelope or session caps across vendors; signNow is listed first per table convention.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial Yes, 7-day free trial Varies by plan Varies by plan Varies by plan Varies by plan
Bulk Send Yes (Business Premium) Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes (BAA available) Yes Yes No No
Envelope Cap No envelope cap 100 envelopes/user/year Varies Varies Varies

Frequently Asked Questions About Petitions for Modification

Answers address common legal, procedural, and technical questions about filing, service, e-signature validity, and supporting evidence for modification petitions.


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