Will a judge order a parenting plan that differs from the standard recommendations?

Child Custody 2 views 3 answers
I have a 6 month old and the mother and I went to mediation and formed our own schedule that gives me a significant amount of time with my child. However I moved about 40 minutes away and now her lawyer wants to suggest I have 3 hours a week as is suggested in the LA Court suggested parenting schedule pamphlet for children my childs age. Is there a way a judge will grant less time then I stipulated to just because of the suggestion for children her age?

Attorney Answers

3
Alexandra Lavinsky ·
Hopefully the parenting plan reached in mediation was adopted by the court as an Order. If so, there must be a reason in the child's best interest to change the parenting plan now. If you can still perform under the old agreement even though you have moved away then that should not alone be a reason for a change in the parenting plan now.
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Edna Straus ·
Yes. There is no hard and fast formula for time share. That said, the child is very young, and that needs to be factored in.
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William Phillips ·
Generally, if an agreement is reached at mediation, it will become a part of the court order. Although judges have the right to disapprove an agreement, that is rarely exercised if the agreement is within the bounds of reasonableness. Now, if you have moved after the mediation agreement, and that move was never contemplated at the time of the agreement, that could possibly necessitate a modification of the agreement. However, a 40 minute move does not seem to be substantial enough to justify any major alteration of the mediation agreement. Nevertheless, this is generalization based on cases in my state. You should follow the recommendations and advice from attorneys in your state, if they differ from this post.
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