If you’re a parent of a child and you wish to modify the parenting time schedule, the good news for you is that it’s not nearly as difficult as a motion to modify custody. Custody modification typically involves a claim of endangerment. You’ve got to prove that a child is in danger in the care of the other parent and that can be a challenge.
But with parenting time, if you’re seeking to modify within a reasonable amount of time, give or take, given your current schedule, it’s a best interest standard. It’s the same standard that the court applied at the onset of your case in determining what the parenting time ought to be.
And so what you’ll need to do is file a motion with the court and in those pleadings, we will submit an affidavit on your behalf that outlines why you believe it’s in your child’s best interest to modify that parenting time. Thereafter, there will be a brief court appearance and we will argue to the court why it’s appropriate to modify parenting time.
The other parent will have an opportunity to appear and dispute, if they so choose, whether to modify it or not, and then ultimately applying that best interest analysis, the court will render a written decision, typically within a couple of weeks.