Modifying Child Custody Orders
Your divorce has been finalized. You think you’re all set with the child custody and visitation schedule, but you should know that things could change. The lives of you, the other parent, and your children could change in a heartbeat.
When this happens, you may want to modify child custody orders. To change a Parenting Plan and Parental Responsibility, a parent must detail how the circumstances of either the parent or the child have substantially changed and describe how the change will benefit the child.
Substantial changes include things such as:
- Changes in the child’s needs. As children grow older, their needs, interests, and schedules change.
- Parental relocation. If a parent needs to relocate for work or family reasons, this may require adjustments to the parenting plan to accommodate the new distance.
- Safety concerns. If there are concerns about the safety or well-being of the child in either parent’s care, modifying the parenting plan may be necessary to ensure the child’s safety.
- Compliance issues. If one parent consistently fails to adhere to the terms of the existing parenting plan, modification may be necessary to enforce compliance.
- Child’s preference. As children grow older, courts may consider their preferences regarding custody and visitation. If a child expresses a desire for changes to the existing parenting plan, this could justify a modification.
How to Make a Modification
Parents can usually modify a parenting plan by agreement unless one parent has endangered the child’s life in the past. Courts encourage divorced parents to work together and communicate with each other about their children’s needs. However, to protect yourself in the future, it is always recommended that you inform your attorney that you have made a change to the parenting plan. A written agreement should be drawn up that outlines the changes you are making. Both parties should then sign the agreement.
If the other parent does not agree to the modification, you must obtain a court order. Unless there is an immediate emergency, the court will not modify the parenting plan without holding a hearing and allowing both parents to present their views.
In determining whether to modify a parenting plan, the court is to make decisions it believes are in “the best interest of the child.” It will generally modify parenting plans when there has been a substantial change in circumstances, and the modification of the plan is in the best interest of the child. This leaves the court with a great deal of discretion in approving the modification.
Contact Our West Palm Beach Family Law Attorney Today
Family law issues, such as child custody and parenting time, can be challenging to handle. You may even need to make changes after the divorce has been finalized.
West Palm Beach family law attorney Brian K. McMahon, P.A. can help you make those decisions and handle all of the legal aspects that come with them. Schedule a consultation by calling (561) 658-1789 or filling out the online form. We serve the West Palm Beach, Boca Raton, Port St. Lucie, and South Florida areas.