How to Modify Parenting Time After a Divorce

Sometimes parents must modify parenting time so that both parents can manage their schedules.

Even after a divorce, things can change at a moment's notice. Sometimes a parent has a change in job, which means that parenting time needs to get rearranged. Sometimes a parent is found incompetent after a divorce even though he was a good parent before the divorce. No matter why you need to modify a parenting plan, the court system is willing to to help make the changes, as long as it keeps the children's interests in mind and supports the children's needs.

Instructions

1. Request the paperwork to modify child custody or to modify the parenting plan. The type of paperwork that you need will depend on the state that you live in and if the child custody is changing as well as the parenting plan. In some instances, such as removing child custody completely, you could fill out both sets of paperwork.

2. Fill out the paperwork and include all the reasons that the modifications need to take place. If there is child abuse or neglect involved, attach documentation that helps to prove the case, such as doctors' observations or the names of witnesses. If the case is simply to reflect a change in job status, have a copy of your schedules attached to the paperwork. Write down the contact information of everyone involved in the parenting plan and child custody case and all the names, ages and any other information requested regarding the children involved in the case.

3. File the parenting plan or child custody paperwork with the local family courthouse and pay for any fees that come along with the filing of the paperwork. Keep a copy of the child custody or parenting paperwork that you file with the courthouse for your own records and make sure that your name and the children's other parent's name is on every piece of paper that you give to the court. This will help the paperwork to keep from getting lost.

4. Notify the other parent of the fact that you filed the parenting plan paperwork by delivering the paperwork in person, sending it to the co-parent through certified mail or having the co-parent served the parenting plan paperwork by a sheriff, in accordance with your state's laws. Pay any fees that you need to pay at the time you have the paperwork given to the co-parent.

5. Attend the set court date and discuss with the judge the changes that you would like made to the parenting plan or child custody. Explain the reasons for the proposed changes and provide any additional material supporting the need for change. Have witnesses attend the hearing so that they can describe in detail any additional information that supports your cause. The judge will make a decision regarding the case and notify both you and the other parent of the decision.

References

• Arazona Courts: Planning for Parenting Time: Arazonia's Guide for Parents Living Apart
• Tennessee Adminstrative Office Of The Courts: Frequently Asked Questions About Parenting Plans
• The State of New Hampshire Judicial Courts: Parenting Plan