Looking to modify your existing parenting plan?
As you know life after divorce keeps moving and parenting plans that made sense for a newborn can be difficult or impossible with a teenager or college student.
The problem:
Parenting plans are legally binding court orders. That means if you and your ex make an informal handshake deal to switch up your schedule you still have to modify that parenting plan legally through the court.
It’s not as simple as filing a request and getting approval though. Each state has rules and procedures you must follow — and make a mistake and you could waste time and money or worse, lose precious parenting time with your children.
The good news is that the process is straightforward when you know what you’re doing. And most of the time judges will approve modifications if they’re truly in the child’s best interest.
In this article you’ll learn:
- Why Courts Allow Parenting Plan Changes
- The Legal Standard For Modification Success
- Filing Requirements Step-By-Step
- Mistakes You Should Avoid
Why Courts Allow Parenting Plan Changes
Courts are well aware that families change over time. The parenting plan that worked when your child was 5 years old may not be suitable when they turn 15.
Here’s the thing…
Judges are primarily concerned with one thing: safeguarding the child’s best interests. When circumstances change to the extent that it could affect the child’s welfare, courts are open to modification.
However, there is a caveat. Judges will not entertain a modification request unless you can show that a substantial change has occurred.
In most states, you have to prove that a “substantial and continuing change in circumstances” has taken place for them to consider your request.
Recent studies show that between 20 and 25 percent of all custody arrangements are modified after a divorce decree. This is a testament to how changes in the parents’ or children’s lives may require new orders. But getting a change approved is not easy.
Legal Standards for Modification Success
You might want to know how courts actually determine this?
Every state has different criteria that parents must meet for parenting plan modifications. However, most states’ criteria are pretty much the same. You have to show that:
The change is material and continuing — This change is not temporary. You can’t claim you lost your job for a few months. But if you permanently relocated to another state for work, that is material.
The change is in the child’s best interest — This is the golden rule. If the child is the chief beneficiary of the plan modification, you have a good chance. Everything else is secondary.
You have attempted other alternatives — In most states, you must have attempted other methods of resolving the issue, such as mediation, before seeking judicial relief.
Also, some states have a waiting period. In Illinois, for example, you cannot request a modification for two years after the original order unless there is a compelling reason like child abuse.
When Modifications are Most Likely to Succeed
Judges are more likely to approve parenting plan changes under the following circumstances:
Parent relocation for work or family reasons — When a parent has to move more than 50 to 100 miles away (depending on the state), this often triggers modification proceedings.
Child needs change — Kids grow up and their school schedules and social activities change. A teen needs different things than a toddler.
Parental life circumstances change — This may include events like remarriage, new work schedules, or health issues. These life events must have a major impact on the child.
Safety or welfare concerns — If there is evidence of domestic abuse, neglect, or substance abuse, judges will move swiftly to protect children.
Professional family law firm services can also provide crucial guidance on family law issues such as these and help you know if your situation qualifies for legal action.
Step-By-Step Process of Filing
Are you ready to take action? Here’s exactly what to do:
File a Petition for Modification
The first step is to file the appropriate paperwork with the court that issued the original parenting plan. The petition should include details of:
- The changes you are requesting
- Why these changes are necessary
- How your modifications benefit the child
- Any evidence to support your claim
Serve the Other Parent
Serve the other parent with the modification request. This is a legal requirement and cannot be skipped. They will have an opportunity to file a response and a counter-petition.
Attend Mediation (If Required)
Many courts require parents to attend mediation first. This saves the court the hassle of presiding over all these cases. Statistically, mediation has a 70-80% success rate for resolving most custody disputes. It is faster, cheaper, and less stressful for everyone.
Prepare for Court
If the case is not resolved in mediation, you will have to be ready to present the case to a judge. This involves gathering evidence, lining up witnesses, and making a case as to why the modification will be in the best interest of the child.
Mistakes to Avoid
Steer clear of these costly mistakes:
Don’t rely on verbal agreements — Even if your ex consents to changes, make sure you get a court order to make them legal. Verbal agreements don’t hold up in court and without a court order the previous plan remains in effect.
Don’t delay — If there are significant changes, don’t wait to file for a modification. You can only get the child support to adjust back to the date the other parent was served with the modification papers.
Don’t focus on your needs — Wanting to increase parenting time for convenience won’t get you anywhere. It should always be about what is in the best interest of the child.
Don’t go at it alone — Divorce family law can be tricky and modification cases have a lot of money at stake. Don’t try to DIY it.
Gathering Evidence
Your modification request is only as strong as the evidence you can provide. Judges want to see concrete proof rather than just your word.
Document everything — Keep records of school performance, medical needs, extracurricular activities, and any incidents that back your case.
Seek professional opinions — Teachers, counselors, and doctors can all provide testimony about your child’s needs and your capabilities.
Demonstrate stability — Show that you can provide a stable and nurturing environment. This includes having stable income and housing and emotional support.
Be honest about challenges — Judges appreciate transparency. If there are legitimate concerns about your situation, be honest. Address them, instead of hoping they won’t come up in court.
What to Expect
Parenting plan modifications take several months. The actual timeline will depend on:
- The court’s docket
- Whether you have to attend mediation
- The complexity of the case
- Whether both parents agree
During this time, the original parenting plan remains in effect, unless the judge issues a temporary order. Don’t assume you can start complying with a new schedule just because you filed paperwork.
Bringing it all together
Parenting plan modification is a process that requires you to put in the necessary groundwork. The good thing is that judges do approve modifications when there is a substantial change of circumstances that is in the best interest of the child.
The key to success is to focus on the best interest of the child. Keep documenting material changes to your situation and how they will affect your child. Stick to the letter of the law and follow proper procedures. Lastly, don’t be afraid to seek the necessary professional help.
Remember statistics show that over 22 million children in the U.S. live in families with separated parents. You are not alone in these challenges.
With the proper approach, you can get a parenting plan that better serves your family’s needs. Your child is deserving of an arrangement that will help in their growth and development.
