Sometimes after a divorce, a parent feels that the legal custody (decision-making) or residential custody orders should be changed. Other times, it appears that the visitation or parenting time arrangements are no longer in their child’s best interest. In other words, the Parenting Plan is not working. When this happens, a Modification of a Parenting Plan should be filed.
There are two steps:
1. A modification involves an initial determination as to whether there has been a “substantial change in circumstances” since the date of the last court order. This requirement prevents parents from filing modifications of court orders involving minor changes within a family and to ease the burden on the Family Courts with relitigating issues which, have already been decided.
2. Assuming the judge finds a “substantial change in circumstances” then the divorce orders or more recent orders will be reconsidered. The “best interest of the child” standard controls when determining if the orders should be changed and what the new orders should be.
Before a judge decides a modification, a Family Relations Officer may conduct a Study on the issues before the court. In a high conflict case, a guardian ad litem may also be appointed to make a recommendation concerning the child’s best interest.
A word of caution – do not disregard the current court orders. Not only will doing so irritate the judge (thereby hurting your chances of changing the order) you may also be found in contempt.
A Modification of a Parenting Plan is the proper procedure to address these situations concerning children.
I represent clients in divorce cases and all Family Court matters though out Fairfield and New Haven County including those who reside in Easton, Fairfield, Monroe, Trumbull, Stratford, Bridgeport, Westport, Weston, New Canaan, Wilton, Norwalk, Darien, Stamford, Greenwich, Shelton, Orange and Milford.
Please email me or call (203) 259-5251 to discuss a Modification of a Parenting Plan.