Kajko, Weisman & Colasanti, LLP

If your child wants to live with his or her other parent

If you and your child’s other parent are no longer a couple, your child custody, parenting time and parenting plan arrangements could be constructed in any number of ways. In general, family law courts do not expect that your current arrangements will necessarily continue as outlined until your child turns 18. The courts do allow for modifications of existing orders due to any number of changed circumstances.

One circumstance that may change over time is where your child wishes to reside. Due to a variety of reasons, your child may wish to change your arrangements so that he or she can spend more time residing with your co-parent. This may be a painful reality to confront, as you likely want your child to be with you as much as he or she can be. However, if it is now in his or her best interests to spend more time with your co-parent, an attorney experienced in matters of family law can help you to obtain the modification that you need.

If your child does wish to reside more days with his or her co-parent, it is worth noting that you may wish to or need to change other elements of your parenting plan arrangements to fit this new reality. You may wish to change your vacation schedule, may need to modify child support or may choose to add new provisions to your parenting plan. When thinking about modifying your arrangements, think about all the elements of your new situation that may need to be addressed in a modification action. 

Source: The Huffington Post, “6 Words No Divorced Parent Wants To Hear,” Bruce McCracken, Aug. 3, 2014

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