Parenting Plan Modification – Circumstances and Conditions
Parenting Plan – What Is It?
A parenting plan represents a legal agreement between two parents, drawn up during a divorce proceeding, defining how the children should be raised together. Such plans may include physical custody arrangements for your child, which include vacation or holidays for the child. It also can be used to describe other details, such as healthcare, extracurricular activities, daycare options and other factors that include education of children.
When Can You Modify a Parenting Plan?
A parenting plan may sometimes need to be changed just because the existing plan is outdated, or because other life changes require updates. To make shared custody realistic and practical for both families and kids, changes in the parenting plan over time are normal. To modify plans you can call up our custody lawyers in OKC at Mazaheri Law Firm.
Circumstances for Modifying a Parenting Plan
If a parenting plan which once had meaning no longer makes any sense – this is possible. Sometimes, families extricate themselves from a parental plan to accept a new one. For example, the growth of a parent's career might require the family’s relocation and changing circumstances may require a significant change in the living arrangement of the parenting scheme. In other instances, a revised parenting plan may be required for one parent's misconduct— physical abuse of the child or attempting to distance the child from their other parent.
In general, courts may order changes in a parenting plan if (1) the circumstances of a parent or child have changed substantially compared to the original parenting plan and (2) when this change is in the child's best interests.
If the parents agree with proposed revisions.
If this modified plan differs from the previous parenting plan which was consented by one parent and which looked after the best interest of a child.
If the current residence is harmful to the child’s physical, mental or emotional well-being, the existing plan could be changed.
If a parent has consciously abandoned a child or failed to perform parental functions.
If it is necessary to protect the child from physical, sexual or emotional abuse or if the child is a victim of domestic violence. If your child is a victim of these circumstances, you can call up our custody lawyers in OKC.
Major and Minor Plan
Modifications, depending on what changes you or the other parent wish to make, could be either major or minor. Minor changes do not change where the child resides most of the time, and they do not change more than 24 days per year. These kinds of changes could occur because a parent's work schedule is changed, or some other changes that do not cause a big adjustment on the part of the child.
An important change, on the other hand, is a more substantial change that must be demonstrated at a court hearing as "adequate cause." Based on the following circumstances, the court determines whether the parent requesting the change has an appropriate cause:
Are both parents agreeing to the modification?
Did the custodial parent allow another noncustodial parent to live with the child for a time?
The child’s current situation is no longer safe.
Has one or both parents been in a trial period twice or more for refusing to comply with the parenting plan in contempt of a court?
Was the parent convicted of interference with custody?
If you face troubles while modifying the existing parenting plan and need to work on it, consult with us. Our custody lawyers in OKC at Mazaheri Law Firm will guide you through this rough phase.
** Disclaimer: This blog content is no substitute for legal advice and in no way implies a lawyer-client relationship.