When we divorced, my ex wife lived in our marital household alone. Since then, I have remarried and live in a house, and she has had a family been living with her, and soon they are moving out and she is having her boyfriend move in to her house. When we divorced, our kids were 5 & 1 and now they are 9 & 5. They are in school now, and her work schedule is now changing. Is this enough to provoke revisiting the parenting plan?
Based on the facts as stated, you do not likely have sufficient evidence to show a "substantial change in circumstances", at least sufficient for a major modification. If all you are seeking are minor changes (for example to the exchange times, etc.), there may be an opportunity to modify the residential schedule.
I agree with the previous posters. A boyfriend moving in is not enough; the passage of time is not enough, and a change in work schedule is not enough. A really good case on modifications and the basis therefore is in re Marriage of Taddeo-Smith. The court was not happy with the moving party and it was very expensive. The court's rationale is this: The Court made a decision about where the kids would be placed. In order to change a court's decision you have to show that the situation the children are in is so detrimental to their well-being that it is better to further upset them by transferring custody than allow them to stay in the detrimental circumstances. That is a huge hurdle. Examples of detriment are: PRP has developed a serious drug/alcohol addiction and cannot care for the children; PRP has gotten involved with a convicted child molester; PRP is in prison. Those examples are reasons to modify. Yours (with all respect) are not. Elizabeth Powell
Paul Francis EagleFamily Law AttorneySeattle, WA ·
Based upon the facts provided in your question, I would say it is a very close case for adequate cause. The law requires a "substantial change of circumstance on the part of the non-moving parent or child." I agree with Mr. Gibbs, your case may be better filed as a minor modification. In minor modifications, the burden of proof is much less than a major modification. Good luck!
