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The importance of formalizing parenting plan modifications

On Behalf of | Sep 6, 2024 | Family Law |

Parenting plans are agreements that allow divorced or separated parents to detail how they will share responsibilities and time with their children. Over time, circumstances change. Children grow older, parents relocate or they get new work schedules. These and more changes can necessitate modifications to an original parenting plan.

While it might be tempting for co-parents to make informal adjustments to a plan, also sometimes referred to as a parenting conduct order, it’s important to formalize these modifications through the court. Let’s look at a couple of reasons why.

Enforceability

One of the primary reasons that it is so important for families to formalize parenting plan modifications is to better ensure that the changes are legally enforceable. If you and your child’s other parent are no longer together, your split may have been relatively amicable. Your co-parenting arrangement may be relatively smooth-running.

You may agree to alter the schedule or responsibilities. However, if you don’t update the plan with the court, you may run into issues if one party later decides not to adhere to the new terms. In such cases, the original court-approved plan remains legally binding, and the informal changes may not be recognized. By formalizing any modifications, you’ll more effectively protect your rights and better ensure that the new arrangement is enforceable in court.

Minimizing the risk of future conflicts

Parenting can be challenging, and disagreements are bound to occur. When modifications are made informally, they can lead to misunderstandings or disagreements down the road. What one parent views as a temporary change might be seen as permanent by the other. Formalizing changes through the court provides clarity and minimizes the potential for future conflicts. This process helps to ensure that both parties have a clear understanding of their obligations and responsibilities under the new arrangement.

These are just a couple of reasons why you and your co-parent need to strongly consider formalizing parenting plan modifications as the need arises. Having legal guidance as you do it is important.