Modifying the Parenting Plan
After your divorce and child custody settlements are complete, your family court judge will issue a final parenting plan. This can be based on a plan that you and your co-parent have both agreed on or a plan that was created by the judge to fit the needs of your child. Although this is viewed as the final plan for you and your family, family courts understand that circumstances change and modifying the parenting plan may be necessary.
Think twice before modifying the parenting plan
Modifications to the “final” parenting plan are not always easy things to achieve. The process for modifying the parenting plan may be long and expensive, and modifications will only be granted if the court sees them as being in the best interest of the child. Typical reasons for modifying the parenting plan are if the primary residence of the child needs to be changed from one co-parent to the other, a significant change to the amount of time that is spent with one co-parent over the other, or a complete change in the type of custody that both co-parents have over the child. The circumstances that cause these reasons for modification may vary from a career change or a significant change in the child’s life. A co-parent may feel that they have good reason for a modification, but it cannot be stressed enough that they court will not grant a modification based on the interest of either co-parent. Their only goal is to meet the needs of the child.
Will modifying the parenting plan help or hurt your child?
Family court judges assume that the current parenting plan is in the best interest of the child since it was decided to be the “final” parenting plan. When deciding the “final” parenting plan the judge in your case determined the best situation in which the divorce would least damage the child. This is the same case when modifying the parenting plan. The judge will view the proposed modifications and determine if they will help or harm the child. If the modifications help the child more than the “final” parenting plan and they are in the best interest of the child, it is likely that the modifications will be granted. If the modifications will hurt the child more than the “final” parenting plan they will not be granted.
How to modify the parenting plan
When you feel that a modification is necessary, you must file a petition for modifying the parenting plan with your family court. You must then serve your co-parent with a petition and a notice of a court hearing to determine if there is just cause for the modification. At this hearing you will be able to present your case to the family court judge. They will determine if the modification is necessary and in the best interest of your child. If the court finds there to be just cause in your case, they will continue to carry out the modifications to your parenting plan.
The laws and procedure for modifying the parenting plan can be complicated. The OurFamilyWizard website® is dedicated to providing you with the best tools a resources for you to organize your shared parenting. For more information please visit the OFW Shared Parenting webpage. The information that is provided here is not intended to be used as legal information regarding modifying your own parenting plan. Please consult with a family law professional in your state and county for more information on modifying the parenting plan.
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