Deviations from parenting plan detail

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If both parents agree to little deviations from the parenting plan, for example, the transportation to and from visits, isn't it ok to go ahead and do what works for the parents? Or does it invalidate the parenting plan at all, because it deviates from it?

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2
Karen Schweigert ·
Minor deviations are normal and are expected when the parents are cooperatively co-parenting the child. Candidly, I tell parents that the parenting plan is needed for when the parents aren't getting along and aren't willing or able to communicate with one another. Deviating from a parenting plan does not invalidate it. (Consistent deviations over a period of time could allow one or both parents to return to court to modify/change those provisions of the parenting plan later, though. So, for example: Let's say your parenting plan states that both parents will meet at a mid-point to exchange the child. Instead, the two of you have worked out an arrangement that the receiving parent always comes to get the child and this works well for a long time. Then let's say the other parent decides (for whatever reason) that they want to follow the parenting plan but this causes a problem for you. You would be allowed to go back to court to ask for a minor modification to the transportation section that requires the receiving parent to pick up the child.) It is almost always in the best interests of the children for the parents to be cooperative with one another.
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Neal Feinerman ·
parenting plans were originally hoped to be a general framework within which parents worked, NOT a blueprint that had to be slavishly followed. Things changed. Parents sometimes use plans against each other. Deviating does not invalidate a plan, as prior counsel stated. I would, however, make sure you memorialize any changes by agreement in writing (email is sufficient), in case later on you need to prove what was agreed to. You state that you have made changes over "little" things. If you get to changing big things, like residential time, I'd consider entering a modified plan..
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