In the aftermath of a separation or divorce, crafting a parenting plan that reflects the best interest of the children involved is essential. However, as time goes on, the original agreements—once thought to be set in stone—may need to accommodate significant life changes. In California, modifying a parenting plan is not uncommon, but it is a process that requires careful navigation and an understanding of the legal resources available for help.
A parenting plan, often part of your final divorce decree in California, details custody arrangements and specifies how parents will share time and decision-making responsibilities for their children. A well-constructed plan considers the children’s health, education, social activities, and overall welfare. You can first return to the final documents in your divorce to understand what you have agreed to do in the event of a change of circumstances.
Why Modify the Plan?
Modifications to the parenting plan can be sought for various reasons, including:
- Changes in a parent’s job or work schedule;
- Relocation of a parent;
- Concerns about the child’s safety;
- Changes in the child’s needs or preferences, particularly as they grow older; or
- A parent’s failure to adhere to the current plan.
In California, the court will consider a modification if the requesting party demonstrates a significant change in circumstances since the last order was made. This ensures stability for the child and prevents constant legal battles over minor disagreements. If you choose to go through the court process, the judge will consider the Best Interests of the Child. This is is the overarching standard guiding decisions related to custody and visitation, as well as any concerns related to the child’s health, safety, and welfare. The judge makes the final decision based on their review of the evidence.
However, working with a mediator streamlines this process to become less adversarial and more collaborative, without the need for an extensive review by the court.
Adjusting a Parenting Plan with a Mediator
In mediation, the parents work together to confront the challenges they are facing and shift the plan based on the current needs of their family. Certain mediators, like those at San Diego Family Mediation Center, may even be able to draft your agreements into the proper forms and file them on behalf of both parents to update your parenting plan – all without ever stepping foot inside a courtroom.
Modifying a parenting plan in California is a delicate process that requires careful consideration and a thorough understanding of what has changed in your lives to render your current plan inadequate or unworkable. Whether through mediation or a court hearing, the child’s best interests should always be at the forefront of any modification request.
As life evolves, so too may the structure of parenting after a divorce or separation. By approaching this evolution thoughtfully, parents can ensure that their children receive the support and stability they need to thrive, even in the midst of change.
Looking at updating your parenting plan in 2024? Contact San Diego Family Mediation Center at (858) 736-2411 for a free and confidential consultation with one of our mediators, to find the best fit to help you through this process.
by: Lauren Kominkiewicz
