In some cases, both parents will agree that their time-sharing plan needs to be modified in light of changing circumstances. When that happens, the lawyers for each parent will work together to draft a new custody agreement, which they’ll then submit to the judge for approval.
In other cases, only one parent wants to modify the time-sharing plan. That parent will need to file a petition with the court showing that a substantial, material, and unanticipated change of circumstances were unforeseen at the time of the existing agreement, and that the modification would be in the child’s best interests. Although each case is different, some common reasons to request a modification of a parenting plan include an out-of-state move, an illness or injury that affects one’s ability to parent a child, and the development of an addiction.
Once a modification petition is filed, the other parent will have the chance to present his or her side to the court, as well. The court must determine whether there has been a substantial change in circumstances and whether the proposed modification is in the best interest of the child. The court will take into consideration the impact the requested change will have on your child’s schooling, extracurricular activities, relationships with family and friends, and other aspects of their life.
Whether you’re seeking to modify a time-sharing plan or you’re opposing such a modification, you can count on the Law Office of Jhohanny Colon, P.A. to zealously represent your interests in court.