Adoption 101: The Legal Fundamentals

Is Your Parenting Plan Still Good?

8 November 2021

Brayden Miles

Working out a great plan for your minor children during divorce is quite an achievement. However, custody and visitation matters are never permanent or inflexible and things can change as time goes by. To learn how and why a parenting plan could use some adjustments at some point, read on.

Child-related Issues Are Special

Divorce is known to cause an upheaval of almost every aspect of the couple's life. Children, however, occupy a special place when it comes to deciding legal matters. The family court system and laws that apply to minor children are created to help protect children from the worst aspects of separation and divorce. One way that happens is that any issue concerning children is never closed. Any order or ruling by the judge, therefore, can be revisited when needed. Other divorce issues, like debt and property rulings, are pretty much set in stone but not those applying to children.

What Should Be Changed and Why?

While child custody and visitation issues can be altered, those petitioning for a change must show a good reason for doing so. The court views things through the lens of what is best for the child and not the parents. If any of the below situations are present, though, speak to your lawyer about opening up the case for review:

• You suspect the other parent of behavior harmful to the child. For example, if your ex has been charged with driving under the influence (DUI), you have reasons to be concerned about visitation or custody with that parent.
• The other parent absconded with the child to another state without your permission.
• You are asking that the other parent only be allowed to spend time with the child using supervised visitation.
• The child is now old enough to come and go on their own from either parent's home and they are asking to spend more time with the non-custodial parent.

Points to Keep in Mind

As you speak with your family law attorney about making changes to the parenting agreement, keep in mind that the judge is not likely to approve a change that benefits a parent rather than the child. Also, be ready with proof of any wrongdoing and not just allegations. For instance, obtain a copy of the police report if an arrest was carried out. To find out more about altering a parenting plan, speak to a child custody attorney.

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