I Want To Change My Parenting Plan…
By Molina “Molly” Arena-Randall, Esq.
One of the most common family law requests we get here at Cohen Law Group is to change an existing parenting plan.
For example, clients will ask for a variety of changes such as is there a way they can assign more time to spend with their child, is there a way to increase the child support order because the paying parent is making more money, or is there a way to revise aspects in the parenting plan that are no longer working anymore.
The simple answer is, “Yes!”, and we can help!
Establishing & Modifying a Parenting Plan
A parenting plan is established either through mediation, agreement or trial and essentially lays out the court-ordered rules for both parents with regards to the minor children. It includes things such as when you get to see your child, who gets holiday vacations, where the children will attend school, the payment of child support, and all other potential issues that do or could arise with any shared minor children.
Whenever a parent wants to change certain aspects of their parenting plan, they can achieve the change in one of two ways. If both parties agree, they can submit a stipulation that both parties sign and that if the judge approves, will amend the already existing parenting plan. The second way to modify the parenting plan is if parties do not agree, one party can file a motion to modify the parenting plan.
One of the biggest obstacles in a contested modification of a parenting plan is that in order to get the judge to reopen the parenting plan and make certain changes, the moving party has to show that a “substantial, material and permanent change” has occurred since the judge originally approved the parenting plan. It cannot be temporary or be caused by something the parent voluntarily did.
Once the judge determines that a substantial change has occurred, then the judge will look to see if it is also in the best interests of the child to grant the modification.
What Is a Substantial Change in Circumstance?
A substantial change in circumstance usually means a substantial and permanent change. Some of the factors the court may consider in modifying a custody agreement include:
– Any difficulties in carrying out the current custody or parenting plan
– The physical and mental health of the parents
– The financial Circumstances of each parent
– The parents’ relationship with one another
– Any deliberate acts by either parent to prevent the other from spending time with the child
– The level of involvement of each parent in the child’s life
– The length of time the child has spent with each parent
– The type of living environment each parent can provide
While any one of these factors on their own may not be enough to justify a change or modification, two or more together may be sufficient evidence for the court to grant the change.
We Can Help!
Here at Cohen Law Group, our experienced family law lawyers can help!
Drafting Stipulations
If both parties agree to the change, we take care of the whole process from sitting with both parties to draft up the new language to drafting and submitting the documents, making sure to answer any questions, add protections to our client, and properly advise to any potential consequences along the way.
Motions to Modify
If the changes requested will be contested, we will gladly give a free consultation to review the aspects of your case, advise you regarding the strength of the case, and represent you in presenting the best possible case for modification.
Defend Motions to Modify
If the other parent is moving to modify a parenting plan, we will represent you in contesting their motions and preventing them from making modifications.
Establishing Parenting Plans
As the burden to modify parenting plans is high, we can help you in establishing a parenting plan in the first place that is going to work making sure to advise you to potential rights, aspects you may not have considered, and potential risks and consequences.
If you or the other parent is thinking about establishing a parenting plan or modifying an existing one, please call us directly at 407-478-4878 to set up a free consultation with our experienced family law lawyers.
Molina “Molly” Arena-Randall, Esq.
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