How to Seek Modifications to a Parenting Time Order

As families evolve and circumstances change, it’s not uncommon for parents to find themselves in a position where modifications to a parenting time order are necessary. At Atticus Family Law, we understand the delicate nature of these situations and aim to provide clarity on the process of seeking changes to a parenting time order.

Reasons for Seeking Modifications

The decision to seek modifications to a parenting time order is often driven by significant life events that impact the existing arrangement. Common reasons include:

• Relocation: A long-distance move by one parent can necessitate adjustments to the parenting schedule.
• Work Schedule Changes: When a parent’s work schedule undergoes a substantial shift, it may require modifications to the parenting plan.
• Child’s Needs: Changes in a child’s age, health, or development may call for alterations to the existing arrangement.

Legal Procedures for Initiating Changes

Gathering Evidence

To initiate changes to a parenting time order, it’s crucial to gather evidence that supports the need for modification. This evidence may include:

• Records showing actual parenting time compared to the scheduled time.
• Documentation demonstrating significant changes in circumstances.
• Statements from relevant parties such as doctors, teachers, or caregivers.

Options for Modification

There are two primary avenues for modifying court orders:

• Agreeing with the Other Parent: If both parents are in consensus regarding the proposed changes, modifications can be made without court intervention.
• Court Intervention: In cases where there is a dispute, one can request the court to rule on the proposed modifications.

Proving Substantial Change in Circumstances

Courts typically grant modifications only when there is a substantial change in circumstances. Factors considered may include:

• Relocation of a parent.
• Demonstrated inability to care for the child effectively.
• Changes in the child’s well-being or developmental needs.

Grounds for Filing an Action

When filing an action with a family court for modifications, it’s essential to establish grounds based on valid reasons such as:

• Significant changes in circumstances affecting the current parenting time arrangement.
• The best interests of the child are being served by the proposed modifications.

Practical Tips for Preparing for a Hearing

1. Organization is Key – Prepare a detailed parenting plan that outlines the proposed modifications and how they will benefit the child.
2. Document Everything – Maintain a custody journal, keep records of conversations with the other parent, and gather any relevant documentation that supports your case.
3. Seek Legal Counsel – Consulting with experienced family law attorneys like those at Atticus Family Law can provide invaluable guidance and representation throughout the modification process.

Contact Us For Help

Navigating the process of seeking changes to a parenting time order can be complex, but with the right support and understanding of the legal procedures involved, parents can work towards securing arrangements that best serve the interests of their children. At Atticus Family Law, we are committed to guiding our clients through every step of this journey with compassion and a focus on achieving positive outcomes for families in transition. Contact us today.