Question:
My ex-wife asked the court to modify our parenting plan agreement because her new job won’t allow her to have the children on her current days. My situation has not changed.
Will the court modify the order and give her parenting time on different days even if it causes hardship to me?
Answer:
I do not practice in your state so I cannot inform you on the specific laws.
Generally, the court will modify the provisions of a custody order when there are facts that have come up since the prior court order that there has been a change in circumstances of the child or one or both of the child’s custodians and that modification of the prior court order is necessary to serve the best interests of the child.
In a typical joint custody situation, the courts are interested in awarding each parent significant, but not necessarily equal, periods of parenting time. The courts feel that it is in the best interests of the child to have frequent, continuing, and meaningful contact with both parents.
In your situation, your ex has a change in circumstances as a result of her new job. If the court finds that due to her new employment she will not be able to have substantial periods of parenting time that give her frequent, continuing, and meaningful contact with the child, the court will likely modify the parenting plan in that regard.
You should consult with an attorney that practices in your state and is experienced in handling domestic litigation matters, specifically including custody modifications.
Cordell & Cordell has men’s divorce lawyers in 18 states.
William F. Backer is an Associate Attorney in the Arnold, Missouri office of Cordell & Cordell where he practices domestic relations exclusively. Mr. Backer is licensed in the State of Missouri. Mr. Backer received his Bachelor of Science degree in Business Administration, with emphasis in Accounting, from the University of Missouri – St. Louis. He then went on to receive his Juris Doctor from Saint Louis University School of Law in 1999.
