Parenting Plan ModificationsParenting plan modifications usually occur when there is a change in circumstances, such as one parent moving away, a child custody change, or a change in the visitation schedule. Major modifications occur when there is a change in custody, and minor modifications center more around visitation schedule changes. If both parents agree to the changes to the parenting plan, it is fairly simple to get to get the agreement changed. If there is disagreement over the changes, then the parents will need to go back to court to prove that there is an adequate change in the circumstances to warrant modifying the parenting plan. The following questions about parenting plan modifications can help you understand what is involved in the process of modifying your parenting agreement.
Does a temporary parenting plan affect the final arrangements? Ella's Question: We have a temporary parenting plan where he gets the kids every other weekend and on Wednesdays. They spend a lot of time at his mother's, and she was beating them (when the order specifically stated "NO Corporal Punishment"). She also left them alone one night until midnight, which I can prove. Does the temporary plan usually carry over into a permanent one once the divorce is final? Brette's Answer: The temporary plan is temporary. If you have a custody hearing, the judge will examine all the evidence and decide what is best for the children. It is important that you have all the facts in your favor presented to the court, which means calling witnesses and presenting any physical evidence. For example, if your mother-in-law physically harms your children, take photos of any marks on their skin. Get an attorney if possible. » Return to top What happens to a parenting plan when circumstances change? Sheila's Question: In our divorce agreement, it says that if the mother is working night shift, the minor child shall stay with the father. What happens if I quit my job? Brette's Answer: In this type of situation the parties should either negotiate another plan that allows reasonable visitation, or the father would need to file a petition alleging a change of circumstances and asking the court to create a new visitation plan. » Return to top What if he violates the provision not to introduce significant others? Kari's Question: My ex and I created a parenting plan that was filed with our divorce decree. It says that he cannot introduce a significant other in social situations until 6 months after the divorce. If he does this prior to the 6 months, is there anything enforceable or consequences for not following parenting plan guidelines or is it a waste of time to even pursue it since 6 months is only 1 month away? Brette's Answer: You would certainly be within your rights to enforce it, but I think you are wise to ask yourself the point of doing so - particularly when you consider how long it would take to actually get before a judge. If your kids are not being put in a bad situation, there is little harm being done (except for the fact that he's violating a court order and violating your trust, which I do understand is a concern). Good luck. How can I revoke visitation until he is drug-free? Fiona's Question: I already have custody of my daughter, although my ex has visitation. I left him because he was into cocaine... he told me he was clean so I allowed a visitation agreement, as long as she was not staying there over night. I have recently discovered he is back into it and possibly selling it. What steps do I take to revoke visitation till he's clean? Brette's Answer: You'll have to go back to court for a modification of the order. You can ask for drug testing as well. Can the non-custodial parent get a modification requiring drug testing? Nicole's Question: I am the non-custodial parent, and at the time of my divorce I had a criminal charge pending (2 possession charges). In our agreement, there is a stipulation that my ex-husband (for two years following the decree signing) can order random drug screening. It has come to my attention that he is not exactly citizen of the year, and I would also like him to have to submit such a test. Can my decree be modified to include me having the same right as him, to test him randomly? Brette's Answer: I think it's unlike the court is going to agree to this since you have a prior record for this and he doesn't. I think you're better to just get through the two years and go through the tests if you have nothing to hide. How can I get a parenting plan changed? Fawn's Question: I am fighting a battle with my ex over our parenting plan. In the plan, he has the kids 6 nights a week, whereas I only get one. I feel that this is effecting them emotionally. Can I have the parenting plan changed? Brette's Answer: You can always ask to have the plan changed, but you'll need to convince the court that a change is in the best interest of the children. You may need to have a therapist testify about the impact on them. Talk to an attorney. » Return to top Would the parenting plan be revised due to his work schedule? Karen's Question: It was agreed that my son's father and I would parent 50/50. My son has spent more time with me even though we have this verbal agreement and I make most of the decisions. His father now works as a flight attendant whose hours and days of work vary from week to week and month to month. He has proposed following his work schedules as a way of determining the parenting schedule. I feel this is unreasonable because of the demands it makes on my lifestyle and how it discontinues the routine my son is used to. How would a mediator or judge view the occupation of a flight attendant and is it reasonable for us all to follow his work schedules? Brette's Answer: The question is not how it affects your lifestyle, but how it affects your son. You didn't mention his age, and that is important. It's important that your son have a relationship with his father. There are plenty of children who have parenting schedules that change. The only question is how it will affect your son. Can visitation be revised to take the activities into consideration? Kathleen's Question: My ex is now having to pay child support for the first time in 3 years. Because of this, he is now stating the kids have to visit with him every time it is his time. He never had a problem with missed time due to sporting activities or birthday parties before the child support. Now he is threatening that our son cannot attend his varsity practices if they fall on his weekends (he lives 2 hours away). Can father interfere with his life in such a way, or can visitation be revised? Brette's Answer: You can file a petition to modify the plan. It's important that the kids be permitted to do their activities. Ask that a Law Guardian or Guardian ad litem be appointed to represent their interests. Can I get visitation increased if I'm the non-custodial parent? Janet's Question: Due to a felony 5 years ago, I received 5 years probation; and my two children we taken away from me and placed with their father. I was given supervised visitation once a month. It costs me $600 to travel and stay in the city where my ex and my children live. I therefore do not have the money to hire an attorney to try and get more visitations with my children. Can I get more time with my children and should my ex-spouse bear some of the visitation costs? Brette's Answer: I think it is worth a try to ask for more time. If you've completed your probation and have created a good life for yourself, a court would certainly listen to your argument. You need to show not only that you haven't gotten in trouble again but that you have a stable life with a job, home, and support system. You need to be able to present a good plan to the court for how you would spend time with your children. There's nothing unreasonable about asking your ask to help with the cost of visitation. Have you thought about moving closer to them? » Return to top Copyright WomansDivorce.com. All rights reserved.
Related Questions: Related Articles: Brette Sember is a former family and
matrimonial attorney and mediator, nationally recognized expert, and author of
many books including
The Divorce Organizer & Planner,
No-Fight Divorce, and
How To Parent With Your Ex.
This column provides general information about the various aspects of divorce. It is not intended to take the place of legal counsel and should not be considered personal legal advice. For specific recommendations concerning your situation, please retain experienced legal counsel. WomansDivorce.com and the experts disclaim any liability from any claim arising from any information contained in this column. This column is not a substitute for legal advice. Divorce
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