The basic presumption is that the court shall not modify a Final Parenting Plan – which is why you want to make certain you are satisfied with the written terms in a Final Parenting Plan, but there are exceptions. A Petition to Modify a Parenting Plan may be filed if there is a significant change or circumstances that create a situation that is detrimental to the child(ren). There are also limited instances in which a Petition for a Minor Modification may be filed, such as increasing the non-primary parent’s residential time to a maximum of 24 more days per year, or to change the schedule due to a change in work schedules. If the parents agree, a modification of the Plan may be entered by agreement.
WHAT IF THE PARENTING PLAN ENTERED DURING THE DIVORCE BECOMES UNWORKABLE?