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What to do if you don’t agree with the court ordered parenting time schedule?
If a temporary change is needed for your parenting time schedule, consider communicating this change with the other parent for alternate arrangements. In regards to these arranged modifications, both you and the other parent should document the changes and sign the agreement of the parenting time schedule. Both you and the other parent should retain a copy of this signed agreement at all times. It is important to point out that agreements made, whether verbal or written, are not enforced by the court. However, if the agreement has been made and both parties have signed, then the agreement can be used if required, by the courts. Furthermore, if no agreement can be made, you must follow the standing order made by the court. Although, if this is unacceptable, you can have your attorney file a petition asking the courts to change the parenting time schedule.
With regards to long-term change in parenting time schedule, both you and the other parent can reach an agreement to a change and a revise the court order – order for stipulation and consent.
You can also ask for the help of mediation. A mediator may be able to provide services if both parties are in agreement of such services.
Another option is to have your attorney file a petition asking the courts to change the order. Unless both parties agree to other agreements, the court will generally assume that:
- Parenting time will follow a consistent routine.
- Parents should collaborate with the best interests of the child- using sensitivity to the child’s necessities and wishes, and should be flexible in agreement to any necessary changes in the parenting time schedule or routine.
- The parent with scheduled parenting time will provide any required transportation for all scheduled visits.
- The fixed alternating weekend schedule should be upheld during the course of the year– even while the child is with the visiting parent for any extended amounts of time.
Courts may offer exceptions dependent upon each particular case. Parents should be flexible with parenting time schedules. Be aware that your schedule will change, as well as your child’s schedule as they grow. Discussions regarding parenting will be required for a time as to benefit of the needs and requirements of the child. If a mutual agreement to a parenting time is not met, your attorney may request that an order be changed.
To speak with a Tempe child custody and visitation rights lawyer, contact us online or by calling 480-345-2652.