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Washington Petition

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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

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 and did not enter a Parenting Plan or Residential Schedule at the same time.

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 jurisdiction over this proceeding for the reasons below:

This court has exclusive continuing jurisdiction.

This state is the home state of the children because:

the children lived in Washington with a parent or a person acting as a parent for at least six consecutive months immediately preceding the commencement of this proceeding.

the children are less than six months old and have lived in Washington with a parent or a person acting as parent since birth.

any absences from Washington have been only temporary.

Washington was the home state of the children within six months before the commencement of this proceeding and the children are absent from the state but a parent or person acting as a parent continues to live in this state.

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:

The children have no home state elsewhere.

The children’s home state has declined to exercise jurisdiction on the ground that this state is the more appropriate forum under RCW 26.27.261 or .271.

All courts in the children's home state have declined to exercise jurisdiction on the ground that a court of this state is the more appropriate forum to determine the custody of the children under RCW 26.27.261 or .271.

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 because the children, or a sibling or parent of the children is subjected to or threatened with abuse. RCW 26.27.231.

2.6 Uniform Child Custody Jurisdiction and Enforcement Act Information

2.7 Custody Decree or Parenting Plan/Residential Schedule

The Custody Decree/Parenting Plan/Residential Schedule was entered on at (county and state) . A certified copy of the Custody Decree/Parenting Plan/Residential Schedule to be modified is filed with or attached to this petition, if the decree or plan to be modified was entered in another county or 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 in the circumstances of the children or the other party and the modification is in the best interests of the children and is necessary to serve the best interests of the children. This request is based on the factors below.

The parties agree to the modification.

The children have been integrated into my family with the consent of the other party in substantial deviation from the decree/parenting plan/residential schedule.

The children’s environment under the custody decree/parenting plan/residential schedule is detrimental to the children’s physical, mental or emotional health and the harm likely to be caused by a change in environment is outweighed by the advantage of a change to the children.

The other party has been found in contempt of court at least twice within three years because the party failed to comply with the residential time provisions in the court-ordered parenting plan, or the parent has been convicted of custodial interference in the first or second degree under RCW 9A.40.060 or 9A.40.070.

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 the reduction or restriction of the residential time for the person with whom the child does not reside a majority of the time would serve and protect the best interests of the child using the criteria in RCW 26.09.191, as described here:

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

Does not apply.

The custody decree/parenting plan/residential schedule should be adjusted because a substantial change in circumstances of either parent or of the child has occurred and the proposed modification to the custody decree/parenting plan/residential schedule is in the best interest of the children and is a minor modification in the residential schedule that does not change the residence the children are scheduled to reside in the majority of the time and:

is not more than 24 full days in a calendar year; or

is based on a change of residence of the parent with whom the child does not reside a majority of the time or an involuntary change in work schedule by a party which makes the residential schedule in the parenting plan impractical to follow.

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. This parent demonstrates a substantial change in circumstances specifically related to the basis for the limitation.

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 by the existing Parenting Plan/Residential Schedule to complete evaluations, treatment, parenting or other classes. This parent has fully complied with such requirements as described here:

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

The Custody Decree/Parenting Plan/Residential Schedule should be adjusted because a substantial change in circumstances of or has occurred.

The proposed modification to the Custody Decree/Parenting Plan/Residential Schedule is in the best interest of the children. It is a minor modification in the residential schedule that does not change the residence the children are scheduled to reside in the majority of the time. The increase is more than 24 full days but less than 90 overnights per year total. The Custody Decree/Parenting Plan/Residential Schedule does not provide reasonable time with the nonprimary residential party.

2.12 Adjustments to Nonresidential Provisions Under RCW 26.09.260(10)

Does not apply.

The following nonresidential provisions of the parenting plan should be adjusted because there is a substantial change of circumstances of either party or of the children and the adjustment is in the best interest of the children:

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.)

2.14 Protection Order

Does not apply.

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

The court should grant the domestic violence antiharassment petition for order for protection:

attached to this petition.

filed separately under 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) obtained from https://www.dmdc.osd.mil/appj/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 has not 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 to him or her as a dependent of a person in Military Service that was served on mailed by first class mail on (date) , therefore he or she should be presumed not a dependent of a resident of Washington who is on active duty and is a National Guard member or a Reservist.

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 has not 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. The child support worksheet and financial declaration are filed with this petition.

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)

Joinder

I, , join in the petition. I understand that by joining in the petition, a decree or judgment and order may be entered in accordance with the relief requested in the petition unless, prior to the entry of the decree or judgment and order, a response is filed and served.

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 (you may list an address that is not your residential address where you agree to accept legal documents):

Date Signature Print Name

I, , join in the petition. I understand that by joining in the petition, a decree or judgment and order may be entered in accordance with the relief requested in the petition unless, prior to the entry of the decree or judgment and order, a response is filed and served.

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 (you may list an address that is not your residential address where you agree to accept legal documents):

Date Signature Print Name

I, , join in the petition. I understand that by joining in the petition, a decree or judgment and order may be entered in accordance with the relief requested in the petition unless, prior to the entry of the decree or judgment and order, a response is filed and served.

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 (you may list an address that is not your residential address where you agree to accept legal documents):

Date Signature Print Name

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What the Washington Petition Is and When It’s Used

A Washington Petition is a formal written request submitted to a Washington state court or administrative body asking the tribunal to grant specific relief, such as a name change, guardianship, probate matter, civil claim, or administrative review. The form collects party names, jurisdictional facts, the precise remedy requested, and attachments that support jurisdiction and standing. Although procedures vary by court and petition type, the core purpose is to frame the legal issue for the clerk and presiding judge and to trigger official docketing, service, and a judge’s review.

Why a Correctly Prepared Petition Matters

A clear, complete petition ensures the court can accept, docket, and serve the matter without delay. Properly completed petitions reduce the risk of administrative rejection, missed deadlines, or unnecessary hearings and provide a reliable record for parties and counsel.

Why a Correctly Prepared Petition Matters

Who Typically Files and Reviews Washington Petitions

Filers include private individuals, attorneys, guardians, probate representatives, government agencies, and nonprofits initiating administrative appeals or court remedies.

Accurate petitions help all these users avoid procedural defects, conserve time, and create a clear record for subsequent steps such as service, hearings, or appeals.

Who Signs and Who Reviews

Primary Signer

The petitioner — an individual or authorized representative — must sign under penalty of perjury or affirmation, confirming the truthfulness of factual statements and the accuracy of attachments.

Court Reviewer

Court clerks and judges review petitions for jurisdiction, serviceability, and statutory sufficiency; clerks may reject or request corrections if filing requirements are unmet.

Step-by-Step: Preparing and Filing a Washington Petition

Follow these core steps to prepare, execute, and submit a petition to a Washington state court or agency.

  • 01
    Gather Documents: Collect IDs, prior orders, and exhibits supporting your claim.
  • 02
    Draft Petition: Complete required fields, state relief sought, and attach exhibits.
  • 03
    Sign and Notarize: Sign under penalty of perjury and obtain notarization if required.
  • 04
    File and Serve: File with the correct clerk’s office and serve opposing parties per court rules.

Digital Workflow Checklist for eSubmission

Set up a reliable digital workflow that captures signatures, attachments, and service records before filing or mailing paper copies.

Document Format Required PDF/A — searchable, flattened where needed for exhibits
Signatory Authentication Use email and phone verification or stronger multifactor methods
Notarization Method RON if allowed, otherwise physical notarization and scanned copy
Service Tracking Record proof of service (certified mail tracking or e-service confirmation)
Audit Trail Retain timestamped logs of signing and file transfers

Technical Considerations for eFiling and eSignatures

Confirm the file types, authentication level, and integrations required by the court or agency before electronic submission.

  • File Types: PDF, DOCX accepted by many portals
  • Authentication: Email/SMS is common; KBA or MFA may be required
  • Integration Options: Connectors for cloud storage and case management systems

Ensure your chosen platform supports secure TLS encryption, audit trails, and the export formats required by the receiving court or administrative portal.

Typical eSubmission Flow for a Washington Petition

A consistent sequence helps ensure admissibility and a clear record when filing electronically.

  • Prepare Package: Assemble petition, exhibits, and signature blocks
  • Apply Signatures: Place signature and date fields, then authenticate signer
  • Obtain Notary: If required, perform RON or in-person notarization
  • File and Record: Submit to clerk and retain filing receipt and audit trail

Security and Compliance Notes for Electronic Petitions

Encryption: TLS 1.2/1.3 and AES-256
Audit Trail: Signed timestamps and action history
Authentication: Email, SMS, or stronger MFA
HIPAA: BAA available for protected health information
ESIGN / UETA: Compliant with U.S. e-signature laws
SOC 2: SOC 2 Type II available

Consequences of an Incorrect or Incomplete Petition

Administrative Rejection: Filing may be returned or rejected
Service Defect: Improper service can void proceedings
Delay: Hearings and relief may be postponed
Sanctions: Court fines or sanctions possible
Perjury Risk: False statements carry legal penalties
Appeals Impact: Procedural errors can weaken appellate positions

Common Pitfalls to Avoid When Preparing a Petition

  • Missing jurisdictional facts or wrong venue entries that cause clerk rejection or transfer delays.
  • Unsigned or incorrectly notarized signature blocks that lead to administrative returns or requests for re-execution.
  • Incomplete service details or failure to serve respondents within statutory timeframes, which may abate the petition.
  • Poorly labeled exhibits and unclear references to attachments that force the court to request clarification.

Essential Sections Every Professional Washington Petition Should Include

Organize your petition into clear sections so clerks and judges can quickly identify jurisdiction, parties, relief, and supporting facts.

Caption

Court name, case caption, county, and docket placeholders formatted per local rules to ensure correct filing and indexing.

Statement of Facts

A concise chronological narrative of relevant events that establishes standing and the factual basis for requested relief.

Cause of Action

Legal grounds and statutory references explaining the petitioner's entitlement to the relief sought in specific terms.

Relief Sought

Clear, itemized statement of the exact order, decree, or remedy requested from the court or agency.

Exhibits

Labeled supporting documents, certified copies, and affidavits that corroborate factual assertions and jurisdictional claims.

Verification

Signature, date, and affirmation or verification clause certifying accuracy under penalty of perjury or applicable rules.

Supporting Documents Often Required with a Petition

Many petitions require specific attachments; include only what the court requests and label each exhibit clearly to avoid confusion.

Identification Records

Government-issued ID, birth certificate, or corporate formation documents when verifying identity or organizational authority.

Prior Orders

Copies of existing judgments, orders, or administrative decisions relevant to jurisdiction or res judicata issues.

Affidavits and Declarations

Sworn statements from witnesses or the petitioner establishing facts that cannot be proven by document alone.

Proof of Service

Certified mail receipts, e-service confirmations, or process server affidavits showing proper notice to respondents.

Practical Tips for Accurate and Efficient Petition Filing

Use clear language, check local rules, and keep a definitive copy of every filed document and related communication.

Follow Local Court Rules Precisely
Courts publish local filing requirements, page limits, and template language; nonconformity often leads to administrative rejection so review the rules before filing.
Keep a Single Master Copy
Maintain one versioned master file with metadata and audit trail; export signed PDFs for filing to ensure consistency across service and court submissions.
Label Exhibits Consistently
Use Exhibit A, Exhibit B, etc., and reference them in the petition text so the court can find documents quickly during review or hearing preparation.
Document Service Carefully
Record who was served, how, and when; attach proof of service to the court filing to prevent later challenges to notice.

Real-World Examples of Petition Use

Two examples illustrate how petitions function in different legal contexts and what distinguishes each filing.

Name Change Petition

An individual files a petition to change legal name and includes birth certificate and criminal history check results

  • The petitioner requests an order changing the name and updating records
  • The court reviews jurisdiction, verifies identity, and schedules a hearing before entering an order consistent with statutory procedures.

Guardianship Petition

A family member files for guardianship of an incapacitated adult and attaches medical affidavits

  • The petition seeks appointment of a guardian for personal care and estate matters
  • The court evaluates competency evidence, gives notice to interested parties, and may appoint counsel or a guardian ad litem before ruling.

Typical Deadlines and Timing Expectations

Timing depends on petition type and local rules; the list below includes commonly encountered calendar constraints and service deadlines.

Filing to Docket:

Court docketing occurs on receipt; processing time varies by county

Service Period:

Service typically required within 30–90 days, depending on statute and case type

Response Deadlines:

Respondent often has 20–30 days to answer after service

Hearing Scheduling:

Hearings may be set 30–90 days after filing, subject to court calendar

Appeal Windows:

Appeal deadlines vary; many civil appeals require filing within 30 days

Key Milestones from Filing to Final Order

Sequential milestones illustrate the typical lifecycle of a petition from intake to final disposition.

01

File Petition

Clerk receives and dockets the petition; initial review for completeness

02

Serve Parties

Petitioner effects service and files proof of service with the court

03

Pretrial or Hearing

Court schedules hearing, mediation, or status conference as applicable

04

Final Order

Judge issues decision and enters an enforceable order on the docket

eSignature Platform Comparison for Petition Preparation and eFiling

Common decision criteria for eSignature platforms include price, trial availability, bulk-send capability, audit history, HIPAA support, and any envelope or usage caps.

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 7-day free trial Varies by plan Varies by plan Varies by plan Varies by plan
Bulk Send Yes Varies by plan Varies by plan Varies by plan Varies by plan
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No cap 100 envelopes/user/year Varies by plan Varies by plan Varies by plan

Frequently Asked Questions About Washington Petitions

Answers to common practical questions about preparation, signing, filing, and recordkeeping for petitions filed in Washington or other U.S. jurisdictions.


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