Child custody orders or the allocation of parental rights and responsibilities established by the courts are important documents. Parents can refer to the order established when they divorce or separate to determine how much time they can spend with their children and when they have a say in major decisions about their lives.
There is usually an expectation that parents can and should comply with the order to the best of their abilities. However, sometimes parents find that their circumstances have changed enough to make the current arrangements frustrating or ineffective. Parents can make small adjustments with one another as issues arise. They also have the option of requesting a modification where a judge officially updates the order.
Although many people prefer to keep family matters out of court whenever possible, seeking a formal modification can be a smart move. How does an adjustment of the allocation of parental rights and responsibilities benefit the parent requesting the change?
Reduced conflict between parents
However diligent adults are about cooperating with one another in a co-parenting scenario, changes to the schedule are likely to prompt frustrations and possibly arguments. The more frequently parents have to adjust when they have parenting time or address upcoming decisions about the children, the more opportunities there are to fight. Parents who modify their orders when issues begin arising consistently can avoid disputes with one another.
Protection from malicious enforcement
Sometimes, one parent may attempt to weaponize the parenting arrangements for the family against the other. One common tactic involves verbally agreeing to certain adjustments and then seeking to enforce the custody order as written. One parent might say that the other can keep the children for an extra night, but then they might report a parental kidnapping.
They might claim they are comfortable with the other parent reducing their parenting time, only for them to request a modification that makes those parenting time reductions permanent. Officially modifying the allocation of parental rights and responsibilities helps protect a parent from malicious enforcement efforts.
A more predictable family schedule
If parents have to regularly change the family’s schedule and their personal plans due to outdated parenting arrangements, that can destabilize day-to-day life for everyone in the family. The decision to formally modify the custody order helps make daily and weekly schedules more predictable, as sudden changes won’t be as common or necessary.
Parents can theoretically work together to pursue an uncontested modification in many cases. If they cannot agree on specific terms, then a litigated or contested modification could help to update parenting arrangements to better reflect current family circumstances.
Requesting a modification is often necessary for those who share parental rights and responsibilities. Parents who understand the benefits of making an official adjustment to their orders may be able to overcome the urge to procrastinate about going back to family court.
