Skip to main content
CustodyPlan

Changing a Parenting Plan

What has to have changed, and how to put the new plan together.

2 min read

Parenting plans are written for children who grow. Almost every plan needs changing eventually, a new school, a new job, a move, a child old enough for a different schedule.

There are two routes: agree with the other parent, or apply to the court. The first is faster, cheaper and more durable. The second exists for when the first isn't available.

Route 1: Change it by agreement

If you both agree, you write the new arrangement, both sign it, and submit it to the court to be entered as a modified order.

Do submit it. Parents frequently agree a change informally and carry on for years, which works until it does not, and then the order that's enforceable is the old one, not the arrangement you've actually been living.

Keep a copy of what changed

Save the previous version alongside the new one. If a dispute arises later, being able to show exactly what was agreed and when is worth a great deal. CustodyPlan keeps every version of a saved plan for this reason.

Route 2: Apply to the court

Where the other parent doesn't agree, you apply to modify. Most states require a material change in circumstances since the last order, plus a showing that the change is in the children's best interests.

Some states apply a stricter test within a set period after the original order, and some treat relocation under separate rules. Requirements differ between states and between counties, so check your court's current forms and local rules before you file.

What usually counts as a material change

Courts are looking for something substantive and continuing, not a preference.

  • A parent relocating, or planning to
  • A significant change in either parent's work schedule
  • The children's needs changing with age, schooling or health
  • A parent's circumstances changing materially, remarriage, health, availability
  • Persistent non-compliance with the existing order
  • Safety concerns

What usually does not

Disliking the schedule. A single missed exchange. A disagreement about something the plan already decides. Wanting a different amount of child support. Courts see all of these and they generally don't meet the threshold on their own.

How to prepare a modification

  1. Write down precisely what is changing and why, one paragraph.
  2. Build the proposed new schedule on a calendar and check it works against both parents' actual commitments.
  3. Calculate the new annual overnight count, and note how it differs from the current order.
  4. Update the holiday rotation if the change affects it.
  5. Produce a complete revised plan rather than a list of amendments. Courts approve documents, not diffs.
  6. Have it reviewed if there's any complexity or disagreement.

Build changes in from the start

The best way to handle a modification is to not need one. Plans can include scheduled changes triggered by dates or ages, a different schedule from a child's tenth birthday, a review when the youngest starts school.

Anticipated changes written into the original order don't require a modification application at all.

Common questions

How do I change a parenting plan?
By agreement, write the new plan, both sign, submit it to be entered as a modified order, or by applying to the court where the other parent doesn't agree.
What is a material change in circumstances?
A substantive, continuing change since the last order: a relocation, a significant work change, the children's needs changing with age, or persistent non-compliance. Preference alone is generally not enough.
Can we change a parenting plan without going to court?
You can agree a change between yourselves, but until it's entered by the court the enforceable order is still the old one. Submitting the agreed change is what makes it real.
How often can a parenting plan be modified?
There is no fixed limit, but courts discourage repeated applications and some states restrict modifications within a period after an order. Build anticipated changes into the plan to avoid needing them.

Document preparation only: not legal advice. Not affiliated with any court.