When parents are in the middle of a divorce or custody case, they are asked to develop a Parenting Plan that becomes the blueprint for how they will share parenting responsibilities moving forward.
Some families develop a schedule that continues to work for years. But children grow. Work schedules change. Families move. New needs emerge. And sometimes, a Parenting Plan that made perfect sense when it was created simply no longer fits the family living under it.
In Nebraska, making a legal change to an existing Parenting Plan is called a modification. But how do you know when a change in your family is significant enough to consider one?
When a Parenting Plan No Longer Fits
A Parenting Plan modification generally requires a material change in the family’s circumstances that is significant enough that changing the existing plan is now in the children’s best interests.
That can look different for every family. A parent may begin working overnight shifts or traveling frequently for work. A schedule that worked for preschoolers may no longer make sense for busy teenagers. A child may develop medical or educational needs that require a different schedule or access to services. One parent may need to relocate for work or to care for a family member, leaving the parents living in different communities or states.
When circumstances like these arise, a modification can adjust the regular parenting schedule to better suit the family’s changing needs. It may also change how parents communicate with one another, address issues involving a new partner’s role within the family, or account for parenting time when parents no longer live near one another.
Not every change, however, requires a new Parenting Plan. A modification is generally not intended for very small changes or temporary circumstances. The change needs to be significant enough to warrant revisiting the existing court ordered arrangement.
What Courts Consider
Courts consider the particular circumstances affecting each family. Depending on the case, those considerations may include a child’s medical or educational needs, emotional maturity, safety concerns and, in some circumstances, the child’s preferences. A court may also consider changes involving a parent’s career, relocation needs and existing relationships within the family.
Ultimately, any requested change must be in the children’s best interests.
Mediation and the Modification Process
Before asking a Nebraska court to modify a Parenting Plan, parents are generally required to attempt mediation to see whether they can develop a new plan together without asking a judge to decide the issues for them.
If the parents cannot agree, one parent may need to file a formal modification action with the court. That process involves specific procedural requirements, including filing the appropriate court documents, providing notice to the other parent, completing a state approved parenting class when required, and gathering evidence for the court to consider.
The parent requesting the modification will need to show that circumstances have materially changed and that the requested modification serves the children’s best interests.
Sometimes Life Simply Changes
Needing to change a Parenting Plan does not necessarily mean the original plan was a bad one. Sometimes it simply means that life has changed since it was written. The needs of children change as they grow, just as parents’ work, homes and family responsibilities may change over time.
If your family’s circumstances have changed and your current Parenting Plan no longer seems to fit, an experienced child custody attorney can help you determine whether a legal modification may be appropriate and what options are available.
McGill Law works with parents in Omaha, Lincoln and throughout Nebraska and Iowa on child custody, Parenting Plan modifications and other family law matters.
To speak with our team, call 402-548-5418 or visit our Contact page.
Frequently Asked Questions About Parenting Plan Modifications
When can a Parenting Plan be modified in Nebraska?
A Parenting Plan may be modified when there has been a material change in circumstances and the requested change is in the children’s best interests. Changes involving work schedules, relocation, a child’s needs or other significant family circumstances may support a modification.
Does every change in a family require a Parenting Plan modification?
No. Small or temporary changes generally do not require a formal modification. The change usually needs to be significant enough to justify revisiting the existing court ordered Parenting Plan.
What do Nebraska courts consider when deciding whether to modify a Parenting Plan?
Courts consider the circumstances of each family and whether the proposed change is in the children’s best interests. Depending on the case, this may include a child’s medical or educational needs, emotional maturity, safety concerns, a parent’s work schedule or relocation, and other family relationships.
Do parents have to try mediation before modifying a Parenting Plan?
In many Nebraska cases, parents are required to attempt mediation before asking the court to decide disputed Parenting Plan issues. Mediation gives parents an opportunity to work toward a new agreement before proceeding with a formal court action.
What happens if the parents cannot agree on a modification?
If the parents cannot reach an agreement, one parent may need to file a formal modification action with the court. The parent requesting the change will generally need to show that circumstances have materially changed and that the requested modification is in the children’s best interests.
