During a divorce or separation that involves children, most parents will need to establish a parenting and/or custody plan. A parenting plan designates the amount of time each parent will be able to spend with the children, as well as establish sole or shared custody. Since there are a variety of factors that go into a parenting plan, certain circumstances may require that this plan be modified in the future. If you need to request a modification of an existing parenting plan for any of the following reasons, it is vital to work with a seasoned Roswell family law attorney.
Parenting plan modifications are often requested because:
One parent is moving to a different city or state: In some cases, a parent may need to request a parenting plan modification if he/she is planning to move to a different city or state. The court will determine whether the request is reasonable depending on how it will affect the child’s schedule and the motivation behind the parent’s request, such as getting a new job or remarrying.
The custodial parent passes away: In the event that the custodial parent dies, the non-custodial parent will need to request a parenting plan modification to obtain sole custody of the child.
The child is in danger: When one parent suspects that the other is not providing safe living conditions or believes the child is being exposed to violence and other dangerous behavior, he/she may petition the court to amend the original parenting plan to remove the child from the other parent’s care.
The non-custodial parent ignores the visitation schedule: Some parenting plans establish that one parent has sole custody, while the other parent has visiting rights. If the non-custodial parent refuses to follow the visitation schedule by showing up unexpectedly or keeping the child longer than the time allotted, a modification may need to be made.
Are you interested in modifying your parenting plan? Before making the request in court, it is helpful to speak with a family law attorney experienced in these types of cases. Contact us at Charlton & Glover, P.C. to schedule a consultation with a member of our team.