After clients have their parenting time decreased by court order, it can be a difficult, frustrating, and prolonged process to return to the former status quo schedule with their children. Rather than filing a series of hastily prepared motions, there should be a coherent and persuasive strategy implemented and guided by an experienced family law attorney. The legal standard of changed circumstances remains the controlling criteria for modifying parenting time. However, there is no bright-line rule for what factual circumstances are indicative of changed circumstances warranting parenting time modification, and each case presents unique and distinct circumstances.
We caution clients that when it comes to restoring parenting time, patience is a virtue, and there are no quick fixes. While a change in custody normally requires a full hearing akin to a trial, the Family Court can modify parenting time in response to a comprehensive and detailed motion without conducting a full-blown trial. If a parent’s behavior or substance abuse is at issue, he or she should voluntarily submit to a mental health evaluation and/or substance abuse evaluation, and provide results to the Court for review as part of any parenting time application.
Aside from taking any self-help actions necessary, parents can take advantage of their parenting time by avoiding any unnecessary conflict with their ex-spouse and keeping track of their activities with the children during their parenting time, however limited. After an extended period of successful parenting time, the application seeking additional parenting time can also be supported by the inclusion of letters from possible character witnesses on behalf of the parent requesting the restoration of his/her prior parenting time. The input of any individual viewed as an objective third party by the Court is beneficial, and helps to limit the inevitable he said/she said nature of most custody proceedings.
For further information on this topic, please contact our office for a consultation.
