Modification of parenting plans is a legal proceeding in court. It’s a proceeding to change, modify or adjust the current parenting plan. It often centers on a change in physical custody, visitation or other provision outlined in the plan. Changes may be minor or major. The important point is that a parenting plan modification must be properly prepared, filed, negotiated and finalized. Attorney Sherry Collier is experienced in parent plan modification and can guide you through the process.
Major Modifications
A major modification in a parenting plan is when the physical custody of a child is changed from the residential parent to the non-residential parents. In order for the court to modify a prior custody decree for a major modification, there must be facts that have arisen since the time of prior plan. The guidelines for approval include a substantial change in the circumstances of the non-moving part or the child, it must be in the best interests of the child and the modification is necessary to serve the best interests of the child. For those in the military, there must be other substantial changes in addition to military duties.
With a major parenting plan modification, there is an adequate cause hearing. The party seeking the modification must present an affidavit stating the facts supporting the request and must give notice to the other party. All around, it must be shown that there is good reason for the request.
Minor Modifications
Minor modifications in a parenting plan address changes in the visitation and residential time along with other non-residential provisions in the plan. Time may be restricted or expanded. In the case of restricting time, the court will consider factors, such as emotional abuse, domestic violence and non-performance of parenting functions.
Parenting plans are developed with the intent that the need to modify the residential schedule should only arise in limited circumstances. However, let’s face it…issues arise that may create a need to make small or even significant changes to the parenting plan. The court does allow for parenting plans to be modified in limited circumstances. Email attorney Sherry Collier today to schedule your consultation to discuss whether circumstances have arisen that justify a modification and whether the modification is in the best interests of your child.