When Your Parenting Plan No Longer Works For You

It’s very common after a divorce or custody agreement has been in place for some time for one party to desire a change. In Missouri, modifications to those plans are common, but you must show that there has been a change in circumstances to do so. Whether it’s due to the other parent losing a job, getting remarried, moving, or any other number of things, life changes often and you want your parenting plan to reflect that. 

If your relationship with the other parent is cooperative, it’s possible to change the plan informally if you both agree to the changes. A good example of this is one parent had a change in their work schedule, so the custody exchanges are shifted to accommodate that change. However, if both parties fail to agree to the proposed changes or desire completely different plans altogether, it will be necessary to return to court to legally make the change. 

To legally change a parenting plan is called a motion to modify child custody in Missouri. Changes like this are incredibly common as children get older and begin to have more say in where they spend their time. With changes in their extracurricular activities, school schedules, etc., the parenting schedule will likely need to adjust to make room for those commitments. Also, if a parent is no longer engaging appropriately in the relationship with their child, becoming inconsistent with their availability, or engaging in dangerous behaviors, you will want to protect your child by re-litigating the custody arrangement. In that case, you will be required to show proof that the other parent is unfit to care for the child. Simply wanting more time than the other parent is not a legitimate reason to request a modification. 

As we mentioned earlier, you must show a change in circumstances to modify a custody agreement and with these changes in mind, the current plan is no longer in the child’s best interest. Some common examples of these changes may include a decline in a parent’s mental or physical health, substance abuse, domestic violence, unstable housing or employment, or refusal to follow the current parenting plan. The court will look at the evidence provided to determine whether a change is warranted and what is in the best interest of the child going forward. Stability and safety are some of the most important factors a judge will look at when making a decision. 

If you’re looking to make a change to your current parenting plan and the other parent is not in full agreement with the proposed changes, it is best to consult with an attorney. An experienced family law attorney will be able to explain how the process works and give you realistic expectations for what the outcome may be. Daniel Finder at Finder Law, LLC has over a decade of experience litigating custody modifications and his knowledge of the process will help guide you through the legal steps to accomplish your goals.

Call our office today to set up a consultation to see how our attorney can help you get the support you deserve.