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What To Do When Your Parenting Plan Stops Working
Even parenting plans made in the best circumstances, with co-parents who get along, still have situations in which stress and time can negatively impact both the parents and the children, which eventually requires a change to the parenting plan.
At RCG Law Group, we understand that sometimes circumstances change, and parenting plans require modification. If you find yourself in this situation or believe the current plan is unjust, we can help you change or modify the terms of your agreement. Don’t Give Up On Your Rights! At RCG Law Group, we will guide you through the heartbreak to a brighter future. Call us today for a consultation at 385-503-3663.
What Are Some of the Reasons A Parenting Plan Might Be Modified?
There are many reasons someone might want to modify their parenting plan. In Utah, the family court must approve all modifications to a formalized custody agreement and parenting plan. You must have a valid reason for wishing to modify the plan. Disliking the other parent or desiring to limit their access to the children out of spite when it is not in the children’s best interest is not a good enough reason, and the court will reject it. When seeking to modify a parenting plan, you
always stop and consider, first and foremost, if it is in your child’s best interest.
Examples of Valid Reasons for Modification,
- My ex-husband got a DUI last month, and I want to change my parenting time order to prevent my child’s father from having unsupervised visits
with my daughter - I want to change my parenting time order because my ex-wife never exercises her parenting time
- I was given limited parenting time in the original divorce agreement; my circumstances are different now, and I want to be more stable and a permanent fixture in my children’s lives
How do I Modify My Parenting Plan?
Multiple avenues exist to modify your parenting time. The empathetic family law lawyers at RCG Law Group will help you determine the best path for your situation.
Some examples of modifications include
- Informal mediation – The court often wants to see that parents have tried to reach a neutral ground before turning to litigation. Private mediation services are available to assist you if you require them. Your lawyer can refer you
- Informal Agreement—Some Parents can agree about the proposed changes independently and merely have questions or want help to draft an informal agreement. Your Knowledgeable legal team at RCG Law Group is ready to help you. And will answer any questions you have.
- Formal Petition to the Court – If you cannot agree with your children’s other parent, you must file a petition to modify with the court. The purpose of this petition is to notify the court and your co-parent that you want to change the Parenting Time Order. Under Utah Law, a court must find a material change in circumstances that directly affects the welfare of the children and that a change is in the children’s best interest. It is advisable to seek the assistance of a qualified legal team to advise you of your rights and responsibilities during this process and to make sure your children’s needs are met and intense emotions don’t override their best interests.
What Are The Requirements to Modify My Parenting Plan ?
Some basic requirements must be met for the court to consider a petition to modify a
Parenting Plan in Utah.
- It must have been at least a year since the current parenting order was entered
- The only exceptions to this rule are if the child is in danger or the other parent is not following the parenting plan
The second requirement is that you must prove to the court that there has been a “substantial and continuing change of circumstances,” that the proposed change directly affects the well-being or welfare of the child, and that it is not only requested out of spite or to limit the other parent’s access to the child.
What Happens After I File a Petition to Modify?
It is natural to have some anxiety at this time. Don’t worry. There is a standard process. The first thing that needs to happen is that the other party must be served with the Petition to Modify. After receiving notice, they have 20 days to respond ( or 30 days if they live out of state ). The final stage is when the court date is set after they have responded.
What If the other Parent Ignores the Petition or is Violating the Parenting Plan?
Sometimes, the other parent needs to be more invested in the process. If they ignore the petition, it is best to seek legal counsel. In this situation, you may be able to pursue a default action from the court. In most cases, you must file a motion to enforce an order with the Court. Your lawyer can best advise you about all your legal options in this scenario.
When should I Call A Family Law Attorney For Help With Parent Modification?
Modifying a Court Order is never simple. You have to prove to the Court that a significant enough change has allowed the court to consider modifying the original order. At RCG Law Group, we are prepared to help you through the maze of Utah’s Family Law. We will guide you to a brighter day. Let us stand by your side. Call 385-503-3663 for a consultation.
