How to Modify Your Parenting Plan
Parenting plans can change for a variety of reasons. When this happens, it can be a stressful situation for all parties involved, including the children. For this reason, it is best to reach an amicable solution swiftly and deliberately to achieve a new sense of normalcy.
If you are in a situation that requires your parenting plan to be modified, this article is for you. It will explain how you can modify your parenting plan and important considerations you should make along the way.
What Is Your Current Parenting Time Schedule?
Before you modify anything, it is important to consider the reality of your current parenting time schedule. After evaluating your schedule, revisit your current court order to see if any provisions allow for modifications without court interference.
For example, the order might state that equal time is required but doesn’t specify when that time should be allotted. This will give you room to make the necessary modifications without needing to petition the court.
Does the Other Parent Agree?
Parenting plans that require modification must have the approval of both parties, provided both parties share custody.
If the modification contains specific time provisions, the judge must agree to the changes even if parents have reached an agreement. Once a new schedule is ordered, it remains in effect until a judge says otherwise.
What if the Other Parent Doesn’t Agree?
If the other parent doesn’t agree to the proposed changes, you can file a motion regarding parenting time. Before you file, keep in mind that a judge cannot consider it unless there has been a reasonable change in circumstances from the provisions of the initial order. These circumstances can vary depending on the requested change.
Filing a Motion
If you want to file a motion, the easiest option is to consult a qualified family law attorney to file one on your behalf. Once hired, the attorney will make sure the form is filled out in accordance with the court’s requirements, which saves you the headache of double-checking everything.
Once the motion is filed, the court clerk will give you a hearing date and time. Make sure to include this information at the bottom of your paperwork. Afterward, you will need to serve these papers to the other party. In this situation, the opposing party is known as the respondent.
There are a variety of other factors that can impact a parenting plan. These include moving out of state, whether one or both parents are on active military duty, whether one of the parents is incarcerated, and more. If you think extenuating circumstances could affect your petition, speak with a qualified family law attorney as soon as possible.
Need to Modify Your Parenting Plan? Gucciardo Family Law Can Help
If you need to modify your parenting plan, contact Gucciardo Family Law. We always strive for an amicable and compassionate solution and will work tirelessly to help you achieve it. Get in touch with us to schedule your initial consultation.
Too much information?
We focus exclusively on family law matters so we are always available to answer your questions and help.