
When parents finalize a parenting plan, whether in a divorce or juvenile custody case, it is easy to assume that the parenting plan will continue to work for years to come. In reality, children grow, schedules change, and circumstances surrounding the parenting plan evolve. A parenting plan that worked well when a child was in kindergarten may not be practical when that same child is a teenager involved in sports, extracurricular activities, a part-time job, and an active social life.
While stability is important for children in considering parenting plans, flexibility is also necessary. Parents should periodically evaluate whether their current parenting plan continues to meet their family’s needs.
Most parenting plans are created at a particular moment in time. The agreement often reflects the child’s age, the parents’ work schedules, school arrangements, and extracurricular activities at the moment. As children grow older, however, those circumstances can change significantly. A parenting schedule built around daycare drop-offs may no longer make sense once a child begins school. Likewise, a schedule that worked well during elementary school may become difficult to maintain when a teenager’s activities regularly occur on evenings and weekends. Parents may also experience changes in employment, relocation, remarriage, or the birth of additional children.
Not every inconvenience justifies a modification. Sometimes, small changes can even be agreed upon by the parents absent an official modification. However, there are several indicators that a parenting plan may no longer be serving the family: the parents are frequently agreeing to deviations from the schedule, the child is older and has substantially different needs from when the plan was created, or communication conflicts repeatedly arise regarding the same issues. When parents routinely operate outside the terms of the parenting plan, it may be a sign that the written agreement no longer reflects the child’s best interest.
Many parents successfully make informal adjustments to their parenting plans from time to time. These types of arrangements can be helpful when dealing with occasional conflicts, special events, vacations, or transportation issues. However, parents should remember that informal agreements do not change the terms of a court order. If a disagreement arises later, the court will generally look to the written parenting plan and expect both parties to follow it. Problems can occur when parents consistently follow a schedule that differs from the court order for months or even years, only to have one parent suddenly insist upon strict compliance with the original plan. For that reason, while parents should be flexible and occasional and temporary deviations may be practical, parents should consider formally modifying their parenting plan when a new routine becomes regular practice.
A parenting plan should not be viewed as a document that is drafted once and never revisited. Like children themselves, parenting plans evolve over time. Addressing changing circumstances proactively can help minimize conflict, promote stability, and support their children’s growth. If you have questions about modifying your parenting plan, contact Lardiere McNair & Stonebrook, Ltd., LPA to discuss your situation and learn about the options available to you.
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