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Once you agree on a parenting plan (or one is ordered by the court), it is not necessarily set in stone. It is possible to modify court orders, such as custody and child support, although you have a burden of proof that you must meet.
You may be working with the same parenting plan for many years as the children grow. Over time, circumstances may change. You or the other parent may move, change jobs, or the children’s schedules may change as they get older. You can modify the parenting plan to meet the new circumstances.
The hope is that the two parents would be able to negotiate the change without involving the court. Your attorney can help you negotiate language that would change the existing order and file it with the court because everything should be in writing.
If you cannot agree, one parent may file for a modification in court. However, in order to for the judge to grant the modification, they must find that:
If you believe that a modification to a parenting plan may be necessary, you should contact an attorney. Your lawyer could communicate with the other spouse’s lawyer to explore changes that could work for everyone involved (especially the children) and put them down on paper. Before you begin the modification process, you must carefully consider the circumstances and the children’s interests.
Harnage Law can counsel you throughout the modification process and can provide you with sensible legal advice. To schedule your initial consultation, you can call us at 321.549.7886 or send us a message online.
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