Planned Parenthood
By Mara Berke | Los Angeles Lawyer Magazine | March 2009
The acrimony of continued litigation over child custody arrangements can be alleviated through a parenting plan coordinator.
A significant percentage of divorcing parents continue their conflicts over custody well after obtaining a judgment on custody and visitation. While this percentage declines over time, many so-called high-conflict parents remain mired in adversarial litigation for years after divorce. These parents utilize much of the court’s resources and entangle their children in a process that makes them more likely to develop emotional and behavioral problems.
In addition to the grave emotional costs, the financial burden on the family can be ruinous, since these ongoing disputes incur extraordinary legal fees as well as the costs of custody evaluations, psychological testing, therapy, supervised visitation, and drug and alcohol monitoring. These conflicts also can result in loss in employment productivity due to emotional stress and the time required to attend and prepare for court hearings.
Custody and visitation can be modified after the judgment as the needs of the children and parents change. Ironically, this ability to modify custody or visitation orders can become a vehicle for additional battles for those parents inclined to prolong the litigation war. As children develop, the parenting plan approved by the court may need to change accordingly. Thus some flexibility is ideal. Indeed, case law allows for the modification of parenting plans. Still, given children’s need for stability and the negative impact of parental conflict, parents should not only have a clearly defined parenting plan but also should avoid unnecessary tinkering with their time-sharing arrangements and the myriad other details related to parenting. When changes are necessary, parents may consult with mental health professionals, mediators, and attorneys to work out the details and avoid litigation.
However, if a return to court is necessary, parents can still try to avoid a new, protracted struggle for custody. One avenue to explore involves refocusing a request for a change in custody to a change in visitation. Another method is to engage the assistance of a parenting plan coordinator (formerly a special master).
An initial custody determination, which is based upon the child’s best interest, mandates the physical and legal custody of a child and allocates custodial time between the parents. Parents may still be able to change this arrangement through modification proceedings. The general and oft-cited rule is that once the trial court has entered a final or permanent custody determination, modification of custody is appropriate only if the parent seeking modification demonstrates a “significant change in circumstances” so that a different custody arrangement would be in the child’s best interest. However, this change of circumstances rule does not apply when a parent is seeking to change the time-share arrangement only, not physical custody, and does not apply when parents share joint custody.
