Parenting plans written for a younger child, an old job, or other past circumstances may no longer fit with your current circumstances. Your child could join a team that practices during handoff time, or a shift in employment may impact school pick up time. If you find that your parenting plan is no longer working due to schedule changes, it is important to know how to update a plan.
Recognizing when your plan no longer fits
The hospital you work for made your afternoon shift permanent, so you can no longer make the 3:30pm school pickup in your parenting plan. This is an example of a “substantial change in circumstances.” Rather than a one-time adjustment, something like this causes lasting change in a parent’s schedule.
In New York courts, a temporary conflict or a preference for a different routine usually will not be enough to constitute a change in a parenting plan. However, a permanent work schedule change, a new school, or new medical needs can be, as long as the new schedule also serves your child’s best interests. Writing down what changed, when it started, and how it affects your child’s day will provide a clear record.
Working out a change and putting it in writing
A conversation about updating a parenting plan tends to go better when you focus on what changed in your child’s day, not on what the old plan got wrong. A specific written proposal, such as moving a weekday pickup to 6:00pm., gives your co-parent something concrete to respond to.
If talking feels hard, New York Community Dispute Resolution Centers offer free or low-cost mediation for parenting disputes, even without an active court case. Once you reach an agreement, you and your co-parent can execute a formal written stipulation or consent order to submit to the court.
Once the judge reviews and signs the consent order, it becomes legally binding.
Where to turn if your co-parent says no
If your co-parent disagrees, you can file a modification petition, asking the court to change the order. New York’s free DIY court form program can guide you through the filing process.
A family law attorney can review your order, tell you whether your change is substantial enough, draft an agreement the court can approve, and present your case if the matter goes to a hearing. Speaking to an attorney early in the process can help protect your child’s routine and your rights.
Are you experiencing a change that may mean adjustments to your parenting plan? Reach out to Donnellan Law, PLLC to schedule a consultation.