Question

[Marnie12]

What is the name of your state? Washington

My friend was looking through his divorce decree, in which he was the respondent, and the supposed parenting plan, and noticed that there was never a proposed parenting plan, a temporary parenting plan, or even a final parenting plan signed by the judge/court officer or even filed with the courts. He's been divorced for two years. His oldest child wants to live with him and that's why he wanted to review the parenting/residential plan to see about a modification. He has also checked out his file from the court and the only things in it are the divorce decree, the findings of facts, and the child support order which he got certified copies of all the paperwork in the file. The divorce decree and the findings of facts states that there was a parenting plan filed and signed, but there has never been one filed with the clerks office. So the question is can he go to court to file a parenting plan himself because one was never filed, and should he get an attorney to help him file?

[Ohiogal]

Originally Posted by Marnie12

What is the name of your state? Washington

My friend was looking through his divorce decree, in which he was the respondent, and the supposed parenting plan, and noticed that there was never a proposed parenting plan, a temporary parenting plan, or even a final parenting plan signed by the judge/court officer or even filed with the courts. He's been divorced for two years. His oldest child wants to live with him and that's why he wanted to review the parenting/residential plan to see about a modification. He has also checked out his file from the court and the only things in it are the divorce decree, the findings of facts, and the child support order which he got certified copies of all the paperwork in the file. The divorce decree and the findings of facts states that there was a parenting plan filed and signed, but there has never been one filed with the clerks office. So the question is can he go to court to file a parenting plan himself because one was never filed, and should he get an attorney to help him file?

If a parenting plan was never filed it is probably the state guidelines. PROBABLY. Not definitely. He cannot just file one and state that that is the plan filed at the divorce. He can propose one. He can ask that it be adopted as such. And then there will be a hearing and the judge may order it.