Parenting Plan Modification
A parenting plan, or a time-sharing schedule may not be modified without a showing of a substantial, material, and unanticipated change in circumstances and a determination that the modification is in the best interest of the child(ren). A change in circumstances must occur after the final judgment establishing a parenting plan or time sharing schedule. Facts that were unforeseen at the time of the judgment can form the basis for a finding of a change of circumstances.
A parenting plan or time sharing schedule may be modified by agreement of the parties. Should the parties agree to such modification, the stipulations should be reduced to writing, and the agreement should be filed with the Court and submitted to the judge presiding over the case for approval. Although the Court generally ratifies the parties’ agreements and incorporates said agreement in a court order or final judgment, in rare cases, approval can be withheld if the agreement is not in the best interest of the child.