As time goes by after a divorce, your original parenting plan may no longer be working. We often assist parents who are seeking a modification of the plan through the court system.
You cannot request a change to the parenting plan any time you want to. FindLaw explains that no matter what the reason, the court will look at the children’s best interests.
The best interests of the children
Your children’s best interests typically include their wishes as well as yours and the other parent’s. The court wants to ensure that your children have a stable home life, that you and the other parent are meeting their needs, and that the current living situation assures their mental, physical and emotional well-being.
Changes in circumstances
Before the court will grant a modification, you will have to show that your circumstances or those of your children have changed. For example, perhaps you have a new job, and now you are working during the times when you would ordinarily have the children with you. Or perhaps your child will soon be a freshman in high school, and he or she wants to adjust the plan around school and extracurricular activities.
A move is a common reason to request a modification of the parenting plan and custody order. Even a move across town may have justification for a change. Your children may want to stay in the same school district rather than moving across town with the other parent, and living primarily with you would make this possible.
When one parent moves out of state, the court requires a modification. Whichever parent is moving must file a modification request, and the other may oppose it.
For more information about custody modifications, please visit our webpage.