Yes, the orders regarding your children can be modified when circumstances change. Frankly, most parenting plans do change over time, which makes sense when you consider all the factors that affect whether a parenting plan works for a particular child and a particular family. As children get older, the amount of time they have with each parent and even the structure of the schedule may not work well anymore. In addition, parents may move their physical homes, placing more distance between each other or between themselves and the children’s schools. Parents may remarry or have additional children, and it might make sense to sync up the siblings’ schedules. The children’s own schedules may also change as they start participating in activities of their own. We could fill pages discussing the types of things that would justify a change in the parenting time schedule, but it is probably more helpful to outline the process to follow to modify parenting time schedules.
Generally, a modification of the parenting plan requires the court to determine whether the modification is in the children’s best interests. To determine whether a proposed change is in the children’s best interests, the court has to consider the following factors:
- the child’s wishes (if the child is mature enough to have an independent preference that is well-reasoned);
- each parent’s wishes;
- the interaction and interrelationship of the child with the parents, the child’s siblings, and any other significant person in the child’s life;
- certain evidence of domestic violence;
- the child’s adjustment to their home, school, and community;
- the mental and physical health of everyone involved; the parties’ ability to encourage the child’s relationship with the other parent;
- whether the parties’ past pattern of involvement with the child reflects a system of values, time commitment, and mutual support;
- the physical proximity of the parties to each other; and
- the ability of each party to place the child’s needs ahead of their own needs.
If you want to change the parenting plan in a way that significantly reduces the other party’s parenting time or changes the nature of that time (for example by requiring that the time be supervised or that it not include any overnight parenting time), you are probably asking the court to restrict the other party’s parenting time. In order to restrict parenting time, the court has to find that the existing parenting plan would endanger the child’s physical health or significantly impair their emotional development. That is a much higher standard.
Finally, if the parent with the majority parenting time (or a parent with equal parenting time) is moving to a new home that is too far away for the current parenting plan to work, then the court has to determine whether the children should move with that parent or stay with the parent who is not moving. In that case, the court also has to create a new parenting plan for the children because the existing plan will no longer work after the move. In relocation cases, each parent has an equal burden to convince the court that their proposed parenting plan is in the kids’ best interest, and there is no presumption that the children should remain behind or that they should move with the departing parent. In relocation cases, the court has to consider all the relocation factors described above and also has to consider the following additional factors:
- the reasons why the parent wishes to relocate;
- the reasons the other parent opposes the relocation;
- the history and quality of each parent’s relationship with the child since the last parenting time order;
- the educational opportunities for the child at each location;
- the presence or absence of extended family at each location;
- any advantages of the child remaining with their primary caregiver;
- the anticipated impact of the move on the child;
- whether the court can fashion a reasonable parenting time schedule after the relocation;
- and any other relevant factors.
Every modification of parenting time is unique, and the specific facts that will matter most to the court will be different in each case. If you believe modification of parenting time is necessary in your case, you should consider speaking with an attorney or a licensed legal paraprofessional to evaluate your case.