If parents can agree on a reasonable and flexible parenting plan, it can save time, money and serve the child’s best interests, which should be their primary objective.
Flexibility and modification
Every parent knows that children change a lot over a relatively short period of time. A custody arrangement that works when the parents first divorce may no longer be optimal a year or two later. While a parenting plan should be specific and have clear expectations for all parties, it must also adapt to the child’s needs as they age.
For instance, the parents may need to change their custody schedule in order to accommodate changes in the child’s schooling or extracurricular activities. When both parents agree to the change, there is usually no problem. However, if the new arrangement makes a change to the terms of their custody or parenting time order, they should submit an updated order to the court for approval. Generally, if the parents agree, they can do this without a court hearing.
However, if one parent objects to the change, the parent requesting the modification must file a formal motion to request the change. The other parent has a chance to file a response.
Next, the parents may meet with the Friend of the Court (a division of the court that deals with family law matters) or have a hearing in front of a judge.
In deciding whether to make the modification, the judge looks to see whether there is a “proper cause or change in circumstances.” In all cases, the judge considers the “best interests of the child,” a long list of factors that must be weighed in any dispute involving children.
The judge may decide the case at the hearing or afterward, or they may refer the parents to the Friend of the Court or another entity. In some cases, the judge instructs the parents to resolve their disagreement through mediation or another form of alternative dispute resolution.
If you need help navigating the complexities of a custody or parenting time change, contact our office for a free consultation.