Parenting plans can become difficult to follow as family circumstances change.
But parents can modify the plan when both agree to the changes and the new arrangement complies with the law and serves the child's best interests.
Changes may involve holiday schedules or parenting time, and court approval may be required before the modified plan becomes enforceable.
Parents may need to modify a child custody order when work schedules, living arrangements, or the child's needs change.
An informal agreement does not necessarily change an existing court order, so parents should follow the required legal process.
Which Situations May Allow Parents to Modify a Parenting Plan by Agreement?
Several common circumstances may lead parents to agree to changes to their existing parenting plan.
Both Parents Agree to the Proposed Changes
Parents can agree to change a parenting plan when both want to make specific changes to the custody or parenting-time schedule. The parents can put the new terms in writing and submit their agreement to the court for approval.
For example, parents who previously followed a Sunday-to-Sunday schedule may agree to change exchanges to Fridays because it works better for both households.
In California, Family Code § 3022 gives the court authority to make custody orders, and California Courts explain that parents who agree on custody and parenting time can use a written agreement to ask the court to make their agreement a court order.
The Child's Needs Have Changed
A child's needs can change as they grow, making a previous parenting schedule less suitable. School schedules, extracurricular activities, medical needs, or changes in the child's daily routine may require adjustments to parenting time.
For instance, a child who starts participating in after-school activities several days a week may need a different weekday schedule so the activities do not conflict with parenting time. If both parents agree, they may be able to adjust the schedule.
A Parent's Work Schedule Has Changed
A significant change in a parent's work schedule can make the existing parenting schedule difficult to maintain. New shifts, longer working hours, weekend work, or other changes in employment may require parents to establish different parenting times.
California Family Code § 3011(a)(1) requires the court to consider the child's health, safety, and welfare when making custody decisions.
A parent's work schedule may therefore be relevant when determining whether a proposed parenting schedule serves the child's best interests.
For example, a parent who begins working overnight shifts may no longer be available for weekday evenings but may be able to exercise parenting time on different days.
The parents can agree on a schedule that reflects the parent's availability while maintaining regular contact with the child.
The Parents' Living Arrangements Have Changed
A change in where either parent lives can affect transportation, school routines, and the amount of time the child can reasonably spend in each household.
When both parents agree to adjust the plan, they can address these practical effects through a new schedule.
For example, if one parent moves to a different city, the parents may agree to reduce weekday exchanges and provide longer blocks of parenting time on weekends or school breaks.
The revised arrangement can account for travel time and minimize disruption to the child's routine.
Communication Arrangements Need to Be Updated
Parents may also agree to change how they communicate about the child or how the child communicates with each parent.
This can be useful when the existing parenting plan does not address new communication needs or the methods previously used are no longer practical.
Parents may agree to use a specific messaging platform for sharing information about school events, appointments, and schedule changes instead of relying on phone calls.
A revised plan can clearly establish how important information will be shared and when each parent should respond.
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