Parenting plans are generally created to facilitate a stable and supportive framework for a child’s upbringing after their parents separate or divorce. However, as children grow and their needs evolve, a parenting plan that once served their best interests may no longer reflect them.
When a child’s needs change, parents may seek a modification to better ensure that their family’s arrangements continue to support their child’s well-being. Parents can agree on terms for modification and work with an experienced legal team to formalize them. However, in the event that one parent wants to modify a standing order and the other doesn’t, litigation may be the only way forward.
Modifying a plan via court intervention
Michigan law allows for judges to consider parenting plan modification petitions when there has been a significant change in circumstances affecting the child’s needs or the family dynamics since an original order was put into place.
With that said, partially because stability is generally good for kids, contested modification requests are not granted lightly. Examples of changes that could justify a modification generally involve significant shifts in a child’s physical or emotional health, academic needs or social circumstances. For instance, if a child develops a medical condition requiring specialized care, one parent may need more parenting time to accommodate doctor’s appointments or therapeutic services. Similarly, if a teenager expresses a desire to adjust their schedule due to school, extracurriculars or peer relationships, these needs may also be considered.
To modify a parenting plan, a parent must file a petition with the Michigan family court. This petition should outline the specific reasons for the requested change and explain how the modification would benefit the child. A judge will review the request, so the parent seeking the change must demonstrate that the modification aligns with the child’s best interests.
As noted, if there is mutual agreement, parents can submit a modified plan to the court for approval without needing to navigate a contentious hearing. Either way, seeking legal guidance tailored to a family’s unique situation can help to ensure that a modification scenario is resolved in ways that reflect a child’s best interests.