Child Custody Modification - RJ Peters & Associates

How do I change legal decision making and parenting time?

The Question:

How do I change legal decision making and parenting time?  My ex and I went to mediation last year. It has almost been a full year and the legal decision making and parenting time plan seriously need to change. In order to modify it do we need to go back to mediation first? The conflicts him and I are having are resulting into massive arguments almost to the point I want to ask for a restraining order.

RJ Says:

I am sorry to hear that. I would need to review your Orders to see if mediation remains a requirement.

The manner of seeking change is through a Petition to Modify. You can modify Legal Decision Making upon a showing of “the failure of the other parent to comply with the provisions of the order”, or other significant and continuing changes. The court may modify parenting time rights whenever modification would serve the best interest of the child, “but the court shall not restrict a parent’s parenting time rights unless it finds that the parenting time would endanger seriously the child’s physical, mental, moral or emotional health”.

Do you have a question? Send it to RJ, and we’ll get you the answer you need.