Five Instances that Might Require a Parenting Time Modification
The courts often expect parents to work out differences regarding parenting time with one another. They also expect that when a change or minor adjustment is needed, that both parties will reasonably accommodate those requests. However, there may come a time when an official parenting time modification might need to be filed through the court.
Five Instances Where Parenting Time Modification is Best
- Severe Parenting Time Interferences
If a parent’s schedule or their child’s recreational schedule interferes with the current parenting time, then one parent may require a modification — especially if the other parent opposes an agreement to alter the plan.
- Non-Exercise of Parenting Time
If one parent is not exercising their right to parenting time, then the primary residential parent may have a case for modification. However, they must prove with evidence that the other parent has neglected or skipped their parenting time frequently, and prove to the courts that it is in the best interest of the child to modify the schedule.
- One Parent is Not Fit
If one parent feels that the other is unfit for parenting time, or that the child’s time with that parent puts them at risk of physical or emotional harm, then they can petition the court for a change in parenting time. To the extent there is an imminent risk of harm, it may be appropriate to seek relief on an emergency basis.
- A Change in the Child’s Age or Development Stages
Typically, the child’s age is considered when the parenting plan is created. Therefore, if the child falls between birth and two years of age, they may have different parenting time rules than a child in their teens. If the child’s age has changed or it has been several years since the parenting time provisions were created, the courts might grant a modification.
- One Parent is Relocating a Great Distance
If one parent is moving, the long-distance parenting time rules will then apply. Therefore, you may wish to modify a parenting time agreement to reflect the distance, payment of travel to and from, and any issues that might arise with parenting time because of the move.
Modifications to parenting time are highly involved, and the courts do not always grant modifications. Therefore, it is in your best interest to speak with a family law attorney at Udall Shumway, PLC to explore your options for adjustment.
This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice regarding Parenting Time Modification, or any other family law issue, please feel free to contact Steven H. Everts at 480.461.5300, log on to udallshumway.com, or contact an attorney in your area. Udall Shumway PLC is located in Mesa, Arizona and is a full-service law firm. We assist Individuals, families, businesses, schools and municipalities in Mesa and the Phoenix/East Valley.