The logistics of sharing custody of a child will at some point lead to disagreement. Even during less hectic times of the year, trying to coordinate schedules that vary from the parenting time schedule will sometimes require modification as to when and where a child will see a particular parent. This potential for conflict is much higher during the holidays when both parents have competing interests in spending as much time with their child as possible. Not only is there pressure from traditions that expect families to gather together on certain days, relatives themselves may be issuing demands about when they expect to see the child, which puts the parents in an awkward and difficult position.

Regardless of what a parent wants or relatives expect, court-issued or approved parenting plans govern when a child will spend time with each parent, and this plan needs to be followed to avoid unreasonable violations of the other parent’s rights. However, this does not mean that accommodations cannot be made or alternative arrangements worked out. The dilemma comes about when being flexible crosses the line into needing a modification of the parenting time schedule to keep the situation controlled and reasonable. A discussion of situations that could warrant seeking modification of the parenting time schedule, and how courts evaluate requests to modify a custody order, will follow below.

When is it Time to Modify?

The parenting time schedule is one component of a child custody order that determines who will have legal and physical custody of a child. Even if the parents come up with their own plan, the court must still approve it by looking at whether the terms are in the best interests of the child. The parenting time schedule should have a section devoted to parenting time over the holidays that generally has parents alternating, on a yearly basis, days spent with the child. Ideally, this parenting time schedule is followed, and the parent without the child on the actual holiday figures out another time and method of celebrating the season. Offering a virtual visit with the child on the holiday itself may ease some of the tension shared visitation tends to create during this time of the year. However, if a parent does violate the custody order and denies parenting time, one’s lawyer should be notified, and it may be time to seek a modification to prevent additional violations.

Modification Process

Parents are free to modify parenting time and other aspects of a custody order by mutual agreement. This method is preferred since it is more likely to be followed if both parties agree. However, if modification is contested, the parent seeking a change will need to justify to a court why modification is necessary, and also expect to attend a hearing, which may become volatile, in front of the judge. Courts are not particularly keen on modifying custody orders, unless a major change has occurred due to the direct effects such action has on the life of a child. Thus, to modify a custody order, a parent must show a substantial change in circumstances directly related to the best interests of the child. The requested change cannot hurt the child’s welfare, and must be based on claims that demonstrate more than that the current arrangement is inconvenient. While decisions about modification are fact-specific and consequently hard to predict, some issues more likely to convince a court to approve a modification include:

• Physical or mental abuse;
• Health issues for a parent or child;
• Significant change in a parent’s finances; or
• Relocation.

Talk to an Indiana Family Law Attorney

Spending time with your child is an irreplaceable opportunity that you should not be wrongfully denied. If you are having issues sharing custody of your child, and need legal advice on the next steps, work with Christopher L. Arrington, P.C. to learn about your options. This Danville law firm will work to provide an amicable solution to your problem, but is also prepared to represent your interests in courts. Contact them today to schedule an appointment.