The Old Law
Before modifying a final parenting plan to accommodate a substantial change to the routine schedule for a non-mature minor, without the agreement of the other parent, was quite an onerous challenge. The requesting parent was required to show by clear and convincing evidence that either the other parent was actively interfering with the existing schedule or that the environment provided by the other parent was harmful to the child.
The new legislation allows courts more flexibility in modifying final parenting schedules to accommodate the best interests of young children as they grow. It also allows their parents to make certain career decisions and other decisions that affect the location of their homes and then go back to the court to modify on those grounds using the best interest of the child standard.
Moving Nearer to Your Ex
If one parent’s allocation of parenting time was based in whole or in part on the travel time between the parents’ residences at the time of the order and the parents are now living either closer to each other or further from each other by such distance that the existing order is not in the child’s best interest it may be modified in the best interest of the child.
What About Changes in Work Schedules
If one parent’s allocation or schedule of parenting time was based in whole or in part on his or her work schedule and there has been a substantial change in that work schedule such that the existing order is not in the child’s best interest it may be modified in the best interest of the child.
Parenting Orders When the Child Gets Older
If one parent’s allocation or schedule of parenting time was based in whole or in part on the young age of the child, the court may modify the allocation or schedule or both based on a finding that the change is in the best interests of the child, provided that the request is at least 5 years after the prior order.