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Question: Can the legal patenting plan be changed because you haven’t followed it at all?
Answer: If you have a current parenting plan in place, you can seek to enforce that parenting plan. In order for the parenting plan to be changed either you or your ex-husband would have to file a petition for modification and meet the standards of there being a substantial and unanticipated change in circumstances since the entry of the last final judgment. This is a pretty high burden to change the final judgment, and you need to make sure that you have a good cause if he wants to change it or if you want to change it. But, in an enforcement proceedings you could ask the court for some reimbursement for any added child care costs as a result of his noncompliance or inability to comply.
Attorney Erin E. Morse