What are some of the reasons parenting plans need to be updated?
It is a fact of life that children grow up and become more independent.
The plan you agreed to when your children were toddlers may not be appropriate now that they are pre-teens.
Parenting plans should allow for flexibility to accommodate each life stage of your children.Your children may be enrolled in school activities that were not in existence when the original plan was drafted, they may be attending day or overnight camps, or just want some time away from their parents to spend more time with their friends.
What are the steps to be taken if the parenting plan is no longer effective?
First, identify the problem. Is it a temporary scheduling conflict due to a new activity such as playing on a sports team, a dance class or a play with a definite end date?
Next, discuss with the other parent possible solutions to the problem, which could be anything from parents switching their parenting times, adjusting the time and place for child pick up and drop off or arranging for supplemental child care.
Don’t be afraid to enlist the aid of third party neutral, like a mediator, divorce or life coach, to assist in finding a solution if you and the other parent aren't agreeing on the changes. Your attorney can also be a good resource and may provide some helpful suggestions and resources.
Once you have a new agreed upon plan, contact your attorney to draft the appropriate pleading to modify your judgment and incorporate the changes into your existing plan.
High conflict situations
A harmless activity like the family vacation can turn into a stressful and unhappy event. It is common when drafting separation agreements and parenting plans to include detailed instructions concerning the issue of vacations. However, a problem can arise when one parent wants to deviate from the current plan without the other parent’s permission.
A parent is not allowed to take a child out of state or abroad without the permission of the other parent. It is important to get this permission, in writing, well ahead of any vacation bookings to avoid disappointments and a civil contempt or kidnapping charge.
What happens if the other parent refuses to change the plan?
In a perfect world, divorced parents would get along well enough to co-parent peacefully. However, if that were the case, you probably would still be married. Many parents have good results when they employ the help of a neutral third party such as a divorce or life coach or mediator to assist with a solution. Unfortunately, if the conflict can not be resolved peacefully, there may be no choice but to file a complaint for modification of the plan with the court.
What happens if the other parent is not following the current plan?
Sadly, there are some cases where the other parent refuses to follow the court order despite attempts and communication. If that is the case, contact Fleischer Law Solutions to discuss ways to resolve the issue, which may involve filing a Civil Contempt.
Co-parenting is never easy even with the best of parenting plans, but with the proper preparation another costly court battle may be avoided.
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