What happens when the schedule you currently have no longer works for your kids? In that situation, you may need a modification of parenting time. Here are three common types of modifications:
- Motion to Modify Parenting Time – this is a very common motion, which allows you to request that the Court modify parenting time to something different than what you are currently exercising. You may want a substantial increase in your parenting time, or you may just want to move around a few days here and there. Either way, you will need to file a Motion to Modify Parenting Time and prove to the Court that your requested change is in the best interests of your minor child/children.
- Motion to Relocate – this motion is filed when a party wishes to relocate to a location that substantially changes the geographical ties between the child and the other parent. A party who wishes to relocate with their child over the objection of the other parent will have to prove specific factors to the Judge. The Judge will require detailed information about the proposed relocation, including information related to how the other parent will be able to see the child or children if the relocation is granted.
- Emergency Motion to Restrict Parenting Time – this motion is used in very serious situations, where a child is in imminent physical or emotional danger. If you file this motion and it is granted, the other parent’s parenting time will need to be supervised until you can have a hearing on the allegations contained within your motion. That hearing must occur within 14 days of the date your motion is filed, so this type of proceeding will move fast. Prepare accordingly, before you file your motion.
Parenting time modifications are subject to varying different standards, which will affect how you need to argue your case. Be sure that you understand, at the very beginning of your case, how these varying standards affect your chances of the Court granting your requested modification.
Lastly, if you or your lawyer has filed one of the above motions, don’t forget to look into the possibility of a corresponding modification in child support. Contact me for a free consultation to discuss your possible parenting time Motion.