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If the other parent and I have approximately the same parenting time, does the changed circumstances doctrine still apply to modify a final order?

That is, if we have approximately equal time, must I show a substantial change in circumstance to modify my permanent order?

No, the requirement to show a substantial change in circumstances does not apply to parents who have approximately equal time with the children. The court views these types of modifications as a modification of a parenting schedule as opposed to a change in custody. For example, if the parties have a week on week off custodial schedule and one parent is requesting to change this schedule to a Friday to Tuesday and a Tuesday to Friday schedule would not require a showing of a substantial change in circumstances to modify this schedule. If you have questions regarding the modification of a parenting plan, contact Covina attorney, Paul Eads today.

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