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• The parties agree to the modification;

• The child has been integrated into the family of the petitioner with the consent of the other party and such situation warrants a modification of the allocation of decision-making responsibilities;

• There has been a modification in the parenting time that warrants a modification of the allocation of decision-making responsibilities;

• A party has consistently consented to the other party making individual decisions for the child which decisions the party was to make individually or the parties were to make mutually; or

• The retention of the allocation of decision-making responsibility would endanger the child's physical health or significantly impairs the child's emotional development and the harm likely to be caused by a change of environment is outweighed by the advantage of a change to the child.

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See id.  For instructions and other court forms for modifying decision-making responsibility, click HERE.

 

However, with parenting time, the court may make a modification whenever the modification would serve the best interests of the child.  See § 14-10-129(1)(a)(I).  But, if the modification would change the party with whom the child resides a majority of the time, the court must find, upon the basis of facts that have arisen since the prior decree or that were unknown to the court at the time of the prior decree, that a change has occurred in the circumstances of the child or the party with whom the child resides the majority of the time and that the modification is necessary to serve the best interests of the child.  See § 14-10-129(2).  If modification would change the party the child resides with the majority of the time, the court must deny the modification unless it finds:

 

• The parties agree to the modification;

• The child has been integrated into the family of the moving party with the consent of the other party;

• The party with whom the child resides a majority of the time is intending to relocate with the child to a residence that substantially changes the geographical ties between the child and the other party; or

• The child's present environment endangers the child's physical health or significantly impairs the child's emotional development and the harm likely to be caused by a change of environment is outweighed by the advantage of a change to the child.

 

See id.  For instructions and other court forms for modifying parenting time, click HERE.

 

In order to modify child or spousal support a party must show changed circumstances that are substantial and continuing.  See § 14-10-122(1)(a).  A change in support that is less than ten (10) percent of the previous support order, is not a substantial and continuing change of circumstances.  See § 14-10-122(1)(b).  For instructions and other court forms for modifying child or spousal support, click HERE.

 

In addition to modifying previous orders, the court can enforce parenting time and other orders from a dissolution or other family law case.  See § 14-10-129.5.  If there is a dispute regarding parenting time and a party files a motion with the court, within thirty-five (35) days, the court must either deny the motion, set the motion for a hearing, or order the parties to participate in mediation.  See § 14-10-129.5(1).  If the court finds one of the parties has not complied with other party’s parenting time, the court may issue the following orders:

 

• An order imposing additional terms and conditions that are consistent with the court’s previous order; except that the court shall separate the issues of child support and parenting time and shall not condition child support upon parenting time;

• An order modifying the previous order to meet the best interests of the child;

• An order requiring either parent or both parents to attend a parental education program at the expense of the noncomplying parent;

• An order requiring the parties to participate in family counseling at the expense of the noncomplying parent;

• An order requiring the violator to post bond or security to insure future compliance;

• An order requiring that makeup parenting time be provided for the aggrieved parent or child under the following conditions:(I) That such parenting time is of the same type and duration of parenting time as that which was denied, including but not limited to parenting time during weekends, on holidays, and on weekdays and during the summer; (II) That such parenting time is made up within six months after the noncompliance occurs, unless the period of time or holiday can not be made up within six months in which case the parenting time shall be made up within one year after the noncompliance occurs; or (III) That such parenting time takes place at the time and in the manner chosen by the aggrieved parent if it is in the best interests of the child;

• An order finding the parent who did not comply with the parenting time schedule in contempt of court and imposing a fine or jail sentence;

• An order imposing on the noncomplying parent a civil fine not to exceed one hundred dollars per incident of denied parenting time;

• An order scheduling a hearing for modification of the existing order concerning custody or the allocation of parental responsibilities with respect to a motion filed; or

• Any other order that may promote the best interests of the child or children involved.

 

See § 14-10-129.5(2).  For instructions and forms for enforcing parenting time, click HERE.

 

If you need advice on modifying or enforcing an order from a dissolution or other family law case, call the Law Office of Michael Swink today and speak with an attorney experienced with modifying and enforcing court orders.