If your current parenting plan does not suit the needs or schedule of all parties involved, you can return to court to request a modification. However, the request will only be granted if the requesting party can prove there’s been a change in circumstance that warrants modification to an existing parenting plan. Additionally, the modification must be in the child’s best interest.
Modifying a Parenting Plan
To modify a parenting plan, one party must first obtain a court order. To do so, the modifying party needs to demonstrate a substantial change in circumstance for the modification. Examples include:
- changes in the child’s needs (age-related, medical, mental, etc.);
- changes in a parent’s work schedule or living arrangements;
- failure of one parent to follow the current parenting plan; and/or
- any other substantial material change.
If the modifying party can demonstrate their change in circumstance, a court will then determine how doing so would affect the child. Factors a court may consider are:
- emotional ties the child has with each parent;
- each parent’s ability to physically and emotionally provide for the child;
- each parent’s mental and physical health;
- the child’s school records;
- any evidence of abuse; and/or
- the child’s preference (if they are 12 or older).
If a judge agrees to modify the parenting plan, the revisions will go into effect immediately. If either parent refuses to uphold the new stipulations, they may face consequences for being in contempt of court.
Helping Parents Modify Their Plans
At Casey, Simmons & Bryant PLLC, our attorneys can help you create provisions to your current parenting plan. We will guide you toward the correct legal decisions to help you achieve the results you seek.
Call our firm today at (731) 256-0023 or contact us online for a legal consultation.
