Attorney Howard Iken" width="150" height="147" />Attorney Howard Iken" width="150" height="147" />
Author’s note by Attorney Howard Iken: Divorced parents can modify their parenting plan through an agreement or court order. If one parent refuses to modify the plan, the other must file a motion and present evidence to support the change. The court will decide what is in the best interest of the child based on factors such as safety, consistency, a relationship with both parents and family ties. The proposed plan should be fair to both parents, and an attorney can help with the process.
Children grow up fast. As they do, their needs, desires, goals, and interests all change. Their relationship with their parents changes as well. Whereas a child might be more attached to her mother during infancy and childhood, the child may become more attached and develop a better relationship with her father during adolescence. Children of divorced spouses are no different. But whereas children of a committed couple can simply choose which parent they would like to spend more time with, children of divorced couples must comply with orders the court enters. These orders can direct that they live primarily with one parent and may even dictate how often they see the other parent. These orders are contained in a parenting plan.
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Parenting plans may be modified as circumstances change and the child grows. However, it can be a burdensome process to modify a parenting plan, especially if the other parent is objecting to changing the plan.
Before discussing how to modify a parenting plan through the court, it should be mentioned that parents can in virtually every circumstance modify a parenting plan by agreement. (One possible exception, for instance, is if one parent has put the child’s life in danger in the past.) Courts are eager to encourage divorced parents to work together and communicate one another about their children’s needs and take measures to meet those needs.
Once you have presented your evidence the other parent will have a chance to present any evidence or testimony he or she wishes the court to consider. Once this is done, the matter will be decided by the court. In most cases, you should get a ruling on your motion that very same day; however, the court may take the matter under advisement.
If the court grants your motion and orders the parenting plan changed, the judge will give a date for when the new parenting plan will begin. After that “effective date,” the parties will need to follow the new parenting plan.
If the court denies your motion to change the parenting plan, in most cases you will not be able to challenge that decision. You may apply for a modification of the parenting plan in the future if you believe new evidence or circumstances exist that warrant a change. In most cases, however, you cannot file another motion to modify the parenting plan based on the evidence you previously presented to the court.
Modifications of parenting plans are granted by the courts, but you must have compelling evidence to support your contentions and request. An attorney can help evaluate your situation and advise you as to whether your motion is likely to be denied or granted. If the attorney believes you have a good chance of being successful in your motion, your attorney can help you locate evidence and witnesses to support your motion and present this information to the court.
