Modifying A Parenting Plan
I get many calls from parents wanting to change, or modify, their parenting plan . The problem lies in that their reason for the change may not meet the legal requirements for a change to the parenting plan. In order to modify a parenting plan, there must be a 1) substantial, 2) material, and 3) unanticipated change in circumstances and a showing that the modification is in the best interests of the child. Parents think that just because a parenting plan is no longer working for them, that is reason enough for a change. It may be, if you can get the other parent to agree and both of you can come to a joint agreement for an amended parenting plan. However, if the other parent does not agree, and you are attempting to petition the court for a modification to the parenting plan, the legal standard above must be met. A remarriage, a new child, a new job, or a new move, are typically not enough, unless there are unusual circumstances. The courts have usually ruled that these