What Happens if You Need a Post-Divorce Modification for Parenting Time?
Parenting time arrangements are based on the circumstances present at the time of divorce. Over time, those circumstances can shift in ways that make the original plan unworkable. A parent’s job may change, a child’s needs may evolve, or one party may move. In those situations, a post-divorce modification may be appropriate.
At the Law & Mediation Office of Sarah Turner, we assist parents in Cordova, Tennessee, who need to revisit their parenting time orders. We know how important it is to stay active in your child’s life. Our firm works with clients to help pursue reasonable changes that reflect current realities.
Reasons Parenting Time May Need to Change
Parenting plans are built around stability, but real life rarely stands still. Work schedules, schooling needs, and household changes often demand a second look. If a plan no longer reflects your child’s daily life or your availability, it may be time for a post-divorce modification. Courts typically consider these requests when a material change affects the existing schedule.
Some of the most common reasons for a modification include logistical or safety concerns. Below are examples that may support a legal request:
Relocation by one parent: A move may disrupt the current parenting schedule or school arrangements.
Changes in a child's routine: As children grow, their school, activities, or health needs may evolve.
Work schedule conflicts: Job changes may limit availability for pickups, weekends, or overnight stays.
When these changes make the current arrangement impractical, legal action may be necessary to update it fairly.
Legal Standards for Modifying Parenting Time
A post-divorce modification must meet the legal threshold required by the court. Judges typically look for a “substantial and continuing change in circumstances.” This means minor inconveniences or temporary issues likely won't qualify. The court’s main focus remains on what supports the child’s well-being.
Even if the parents’ situation has changed, the proposed schedule must support the child’s well-being. The court will weigh the impact of the modification on stability, relationships, and development. If these factors support the change, the court may approve it. Without a clear justification, however, the request may be denied.
This decision-making process ties directly into how you formally begin a request.
How to Initiate the Modification Process
The process begins with filing a motion in the family court that issued the original order. The parent requesting the change must explain what has changed and why it matters. From there, the other parent is served with notice and has the chance to respond. The court may then schedule a hearing to examine the request further.
Depending on the intricacy of the situation, some cases resolve quickly while others take more time. Accurate paperwork, clear evidence, and respectful communication help the process run more smoothly. In some cases, the court may order mediation before setting a hearing. Each step builds toward a decision based on your child’s needs.
When evaluating the change, the court also considers whether it’s temporary or permanent.
Temporary Changes Versus Permanent Modifications
Not all parenting time adjustments require a permanent change to the order. Sometimes families need a temporary shift due to short-term challenges like illness, travel, or school transitions. These informal agreements can work if both parents agree, but they aren’t enforceable without a court order.
Permanent changes are more formal and typically follow a hearing. If both parents agree on the change, the process may be quicker. But if there’s disagreement, the court will step in to evaluate both sides. A post-divorce modification for permanent parenting time changes must be supported by detailed facts. The more information you can offer, the clearer your case will be.
Once the court is involved, it uses specific criteria to evaluate your request.
How the Court Evaluates Parenting Time Requests
Judges review a range of factors when determining whether to modify parenting time. The most important question is always whether the change supports the child’s well-being. The parent requesting the change carries the burden of proof. That means supplying documents, testimony, or other evidence that explains the need for the new arrangement.
Courts may look at several elements when deciding whether a modification is appropriate:
Parental cooperation: Whether both parents can work together for the child’s benefit.
Child’s adjustment: How the current arrangement affects school, home life, and community ties.
Proposed schedule: Whether the new plan supports stability and meets the child’s ongoing needs.
The court's review often depends on whether the parents agree or disagree about the change.
When Both Parents Agree to the Change
When both parents support the proposed modification, the process becomes much simpler. They can submit a joint agreement to the court outlining the revised parenting time schedule. The judge will review the new terms to confirm that they support the child’s overall well-being. Once approved, the agreement becomes a legally enforceable order.
Even when parents are on the same page, a court order is still essential. Verbal agreements alone don’t carry legal weight. Filing the modified plan through the court protects both parties and prevents future disputes. Attorney Sarah Turner often recommends formalizing all changes, even when both sides are cooperative.
Of course, some situations are more complicated, especially when one parent disagrees with the proposed modification.
What Happens if the Other Parent Disputes the Modification
If one parent challenges the request, the court must hear arguments from both sides. The process usually involves submitting evidence, attending hearings, and sometimes participating in mediation. Each parent has the opportunity to explain why the current order should stay in place or be changed.
Disputed cases often take longer and require more preparation. You’ll want to gather school records, activity schedules, or statements from caregivers that support your position. Judges look for well-reasoned proposals, not emotionally charged accusations. A clear timeline of events and evidence can make a strong difference.
Sometimes parents make informal changes instead, but this approach can lead to legal problems down the road.
Consequences of Informal Parenting Time Changes
Changing the parenting schedule without court involvement can cause confusion or even legal issues. One parent may later accuse the other of violating the original order, especially if communication breaks down. Without court approval, there’s no way to enforce a new arrangement or hold either side accountable.
To avoid disputes, it’s important to follow the legal process for a post-divorce modification. Even when a change seems minor, it can have long-term effects on parenting dynamics and legal rights. Filing through the court also offers documentation that may be important in future legal matters.
One common situation that triggers disputes is when one parent plans to move away.
Modifications Involving Relocation
Relocation is one of the more complicated reasons for modifying parenting time. A move to a new city, or even a different part of town, can make the current plan impossible to follow. Courts look closely at these requests because they can affect school enrollment, travel time, and the non-moving parent’s involvement.
To approve a relocation-related modification, the court considers multiple factors. These include the reason for the move, its impact on the child, and how it’ll affect existing relationships. Additional details like transportation arrangements and long-distance communication may also be required. The outcome depends heavily on how the move affects the child’s stability.
Careful preparation is essential when asking the court to approve a parenting time change.
Preparing for Your Modification Hearing
If your case reaches a hearing, being organized will help you make a stronger case. Bring documentation that supports your request, including calendars, messages, and school or medical records. If relevant, you can also bring witnesses like teachers or coaches who know the child’s routine.
Think through how the change will work in practice, and present a clear plan. Judges look for well-thought-out proposals that reflect real-life logistics. Showing how your request meets your child’s needs, not just your own, can make a significant difference. Preparation and clarity go a long way during a post-divorce modification hearing.
Reach Out Today
If you’re considering a post-divorce modification for parenting time, we can help you understand your options and represent your interests in court. At the Law & Mediation Office of Sarah Turner, we serve families throughout Cordova, Tennessee, and the surrounding areas. Contact us today to schedule a consultation and take the next step with confidence.