Modification For Parenting Time

• Category: Family Law - Divorce - Modifications
• State: Mississippi
• Control #: MS-61813
• Format: Word; Rich Text

Description

A motion is a written request to the court to take a certain action. The court will either grant or deny the motion in accordance with law and court rules. This document, a Affirmative Defenses to Counter-Motion to Modify Child Custody, Child Support, Alimony and Related Relief, is a model motion requesting the named action from the court (or a general motion form). Adapt to fit your facts and circumstances. Available for download now in standard format(s). USLF control no. MS-61813

Modification for parenting time refers to the legal process of adjusting or changing the pre-determined schedule of visitation and custody rights between parents after a divorce or separation. This process allows parents to request changes in the existing parenting plan to accommodate new circumstances or resolve conflicts that may have arisen since the original arrangement was put in place. Parenting time modifications are governed by family law and vary from state to state, but they generally require both parents to demonstrate a substantial change in circumstances that renders the existing parenting plan no longer in the best interest of the child or children involved. The court usually aims to ensure the child's wellbeing and stability remains a priority while considering any requested modifications. Different types of modification for parenting time can include: 1. Schedule Modifications: This involves altering the visitation schedule or planning changes to accommodate the child's age, developmental needs, or changing school calendars. For instance, if a child's school schedule changes significantly, the parents may need to modify the parenting time to allow for more or less visitation during school days or holidays. 2. Relocation Modifications: When one parent plans to move to a different city, state, or even country, a modification for parenting time might be requested. The court will assess whether the move is in the child's best interest and, if approved, will adjust the parenting plan to suit the new circumstances. This may involve changes in visitation schedules, transportation arrangements, or even long-distance visitation plans. 3. Custodial Modifications: In some cases, a parent may seek to modify the custodial arrangement. This may occur if there are concerns about the child's safety, well-being, or changes in the parents' circumstances that affect their ability to care for the child. The court will carefully evaluate the evidence provided by both parties to determine what custodial changes, if any, are necessary to protect the child's best interest. 4. Enforcement Modifications: When one parent continuously violates the parenting plan or fails to adhere to the agreed-upon visitation schedule, the other parent may seek a modification to enforce the existing plan, making it mandatory for both parties to comply with the court-ordered parenting time provisions. This aims to ensure that the child's rights to have a consistent and meaningful relationship with both parents are protected. 5. Temporary Modifications: If a parent encounters a temporary change in circumstances, such as a sudden job loss, illness, or travel plans, they may request a temporary modification to the parenting time schedule. This allows for temporary changes without permanently altering the existing plan. Temporary modifications typically have specific dates or events indicating when they will expire and revert to the original parenting plan. It is important to note that modification for parenting time can be a complex legal process, and it is advisable for parents to seek guidance from a family law attorney to understand the specific rules and requirements in their jurisdiction before pursuing any modifications.