If My Ex and I Agree on a Change to a Parenting Plan, Do We Still Need the Court's Approval?
If divorced parents are in agreement with changing their established parenting plans, they can do so at any time. However, they will need to seek the court’s approval to obtain the modification. When both parties agree on what they want changed in a parenting plan, they should file a Stipulation Regarding Parenting Time Modification and an Order Re: Modification / Restriction of Parenting Time. The judge will look at the validity and make sure the changes are in the child’s best interest. Parties in agreement can make a change to their parenting plans at any time.
If parents cannot agree to a change in parenting plans, and one of the parents wants to alter the plan, they must file a Verified Motion to Modify / Restrict Parenting Time. In most cases, if the parenting plan modifications are contested, parents must wait two years prior to allocation, unless the child’s mental and physical safety are at risk. It will be important to hire an experienced divorce attorney to best represent your needs.
Parenting plans help parents determine critical aspects raising their child such as how much time a parent gets with their children, how decisions regarding their child will be made, and who receives primary custody. In order to obtain a court’s approval for changes, parents must show a need for the change. It must all be in the child’s best interest.
At The Harris Law Firm, we understand how important your children are to you. If you and your ex agree on proposed changes to a parenting plan, it might be useful to have an attorney look over the stipulation. The need for a divorce lawyer increases when two parties fail to agree on the modification. Our Colorado child custody attorneys are ready and willing to help you. We have years of experience which we can use to make sure you and your child are protected. Call today to schedule a comprehensive consultation today.