Parenting Plans are an order of the court, and as such, many parents feel like they must be followed to the letter, or they risk some form of legal consequence. While following court orders to the letter is a good instinct, it’s important that you read the entire order before determining what it requires of you.
Almost all parenting plans will include some language to the effect of “The non-custodial parent shall have at a minimum the following rights of parenting time,” before setting forth the visitation schedule. This is because, unlike most court orders, parenting plans are not expected to be followed to the letter for the entirety of the children’s childhood.
When we draft a parenting plan, it’s based on the situation as it exists at that time. But often, a parenting plan will be in effect for up to 18 years. Things change over time, and it’s unheard of for a parenting plan to be followed by both parties using the exact, scheduled visitation the entire time. We expect that when changes occur, the parties will try to agree to changes between themselves, and if they’re unsuccessful in doing so, they’ll file to modify the plan with the court. Sometimes the changes are little things - picking up a child early or late one weekend, swapping holidays, and the like. Sometimes they’re more substantial changes, like giving one parent more time on a routine basis than the plan requires, or changing things completely when one parent moves.
The important question here is - are the parties in agreement? If the answer is yes, you’re free to do what you want. The role of the parenting plan is really to serve as a backup plan. In the event the parties disagree, the plan controls. That means that if you’re in agreement, you can do what you want for as long as you’re in agreement. If one of you changes your mind later, you’re not bound to continue following any agreements. The court can (and will) consider what you’ve actually been doing in ruling on a modification, but the parenting plan controls all disagreements until modified by the court.
If the two of you reach an agreement to meaningful changes to the parenting plan, it’s often best to file for a modification with the court, just to be safe. This protects you from your ex changing their mind later on, and making you follow the old plan. The bigger the difference between what you’ve agreed to and what’s in the plan, the more important it is to get those changes approved by the court. And to be clear - any changes to have to be filed with the court as a modification and signed by the judge. No other plan will have any legal effect - including written plans signed and notarized by both parties. While you’re free to agree to deviate from the plan, the only modification of a parenting plan is by a judge.
As such, if you're working on establishing a new parenting plan or modifying an existing one, you may want an attorney to make sure you understand what the plan means and to make sure it reflects what you think you’re agreeing to. Call The Lilly Law Firm today at (678) 807-9150 to help ensure that your parenting plan is done right.