Just when you think you’re all done with appearances in family court something comes up with your shared parenting plan. You’re frustrated and annoyed at the thought of heading back to court.

Not only can it be expensive, but it also takes up a huge chunk of your time. Even with a set court date and time, nothing rarely moves quickly through the legal system.

So, what are the essential steps for modifying a shared parenting plan? Can you leave the legal system out or do you need to go through the court? What about the reasons for requesting the modification?

Do you need a valid reason or can you just request changes to make your life a little easier? We’re answering these questions and a few more in the following paragraphs.

You Need a Valid Reason to Request a Modification

You and your former spouse may have worked out your divorce details without input from a family court judge. Even the terms of your shared parenting agreement are more or less ironed out.

Since the court isn’t involved in hammering out your shared parenting plan, do they need to jump in when modifications are necessary?

The short answer is yes. You’re going to need to go back to family court to have any modifications approved. The reason for this is simple.

The court signed off on your divorce and child custody agreements. This means any changes to the original documents must be approved by the family court. Guess what, the judge isn’t going to approve just any modification.

You’re also going to need to have a pretty good reason for requesting any changes. Here’s a quick look at some valid reasons to change the original terms of a shared parenting plan:

Relocation

One parent may need to move to a different city, state, or country for a variety of reasons. This can significantly impact an existing custody arrangement and may be a valid reason for requesting a change.

Changes in a Parent’s Circumstances

Changes in a parent’s circumstances, such as job loss, health issues, or remarriage can affect their ability to fulfill their parenting responsibilities. Making modifications may be necessary.

 Emergency Situations

A parent may seek emergency modification of custody in situations where a child’s safety may be at risk. Some examples can include neglect, child abuse, or substance abuse. This can also fall under parental misconduct or unfit parenting. Both terms basically mean the same thing in family court.

Parental Alienation

If one parent intentionally engages in behaviors to alienate the child from the other parent, such as making disparaging remarks or interfering with visitation rights, modification may be sought.

Sometimes even when a parenting plan looks fabulous on paper, it’s simply not effective in real life. The current plan may not be emphasizing your child’s best interests.

When this happens, it’s a valid reason to request some modifications. Older children can also request a modification to their parents’ visitation schedule. Some states allow older kids to request which parent they want to live with.

Who Can File for a Modification?

You should feel a little better knowing not just anyone can request a modification to your shared parenting plan. So, if you have an overly nosy relative, you can relax.

They can’t touch your plan. So, along with you and your former spouse, who else can request a modification?

The list is pretty short. Along with parents and legal guardians, only a retained family lawyer or court-appointed advocate can request changes to an existing co-parenting arrangement.

Once again, only the court can approve any changes. Even a court-appointed advocate must have a valid reason for requesting any modifications.

Essential Steps for Modifying an Existing Shared Parenting Agreement

There’s no other way for your shared parenting plan to work unless you make a few changes. If your former spouse doesn’t agree with or want any changes, you’ve got a bit of a problem.

Since it’s a shared custody plan, both parties typically need to agree on the modifications. Guess what, this usually means heading to mediation.

Think of mediation as a safe space for you and your former partner to work out any disagreements. Since the mediator is a neutral third party, you also have something who can listen without any bias.

Something else to keep in mind is cost. Mediation is significantly cheaper than litigating your problems in court.

File a Modification Suit

You’re only going to take this step if mediation is a bust. Filing a modification suit is the first step in the legal process. You’re going to need to show why you’re requesting the modification and provide some supporting evidence.

Don’t forget to file your modification suit in the same court that approved your shared parenting plan. Yep, it’s a legal requirement. Typically, you always return to the same court your case was initially heard in.

After filing your modification suit, the next step is serving your former spouse with a legal notice. This is something the court typically takes care of, and yes, there’s a fee.

Court Hears Your Case

Once everyone is served with a legal notice, you get a court date. This is when you and your former partner appear before the judge. Both sides have a chance to present their evidence and state their case.

From there, the judge usually retires to ponder a decision. How long the judge decides to take varies, often depending on the complexity of your case. If the judge agrees a modification is necessary, the appropriate changes are made to the shared parenting plan.

The Modifications Take Effect

As soon as the judge issues a ruling the modifications go into effect. Both you and your former partner are legally required to abide by the court-ordered changes.

If you don’t agree with the modifications, you can file an appeal. However, an appeal doesn’t stop the modifications until a new ruling is issued.

Sometimes Modifying a Co-Parenting Plan is Necessary

Life changes and it can impact a shared plan. Instead of trying to make the original plan work, you can request a modification. Before going this route, make sure you have a valid reason for requesting the changes.

It’s also a good idea to give the other parent a bit of a heads-up. Hopefully, this means you can skip the lengthy court process and work everything out in mediation.