Creating a parenting plan with a working schedule for any family is a challenge. Especially if parents separate while children are still relatively young, there may be limitations on how much time they can spend away from their primary caregiver.
Parents often start out with visitation for infants and toddlers that slowly increases to overnight stays and eventually a relatively even split of parenting time. Frequently, parents who negotiate their own terms for the division of parental rights and responsibilities create plans that grow with their children.
Other times, parents are so eager to settle their disagreements that they focus on their current needs without much consideration of the future. In scenarios where parenting schedules specifically reflect the children’s current needs, they may outgrow the schedule the parents establish. Eventually, it may be necessary for people to go back to court in pursuit of a modification of their existing parenting plan.
Parents can set their own terms
As is the case when parents initially divvy up their parental rights and responsibilities, modifications to existing orders can also be the result of mutual agreement. Parents can file paperwork with the courts requesting an uncontested modification that adapts their existing parenting plan to their evolving family needs.
As children mature and develop healthy connections with both parents, a parent previously limited to visitation or weekend overnights may be able to more fully share in parenting time. So long as parents agree on how to divide their time with their children, they can propose any terms that work for their families to the courts.
Judges can also update arrangements
Perhaps parents agree that the current allocation of parental rights and responsibilities isn’t ideal, but they may not yet agree on specific terms. In such scenarios, the parents can potentially request a hearing in family court.
A judge can consider a request for a contested modification. After reviewing the existing order and the changes in family circumstances, they can decide how to update the allocation of parenting time in a manner that prioritizes what is best for the children.
If a current parenting plan for a family does not grow with the children, then parents may eventually need to prepare to go back to court in pursuit of a formal modification. Understanding the two main approaches to the family court order modification process can help parents work cooperatively or recognize when litigation is the best option available.