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If there is no custody order, both parents have an equal right to custody, and either can lawfully take physical possession of the child at any time. There is not adequate cause (valid reasons) to hold a full hearing or trial about the. Petition.The Petition should be dismissed. In order to complete or finalize your case, the Court must receive, approve, and sign the final documents for your particular case. Here are some specific reasons under state law to file for a major modification: • The parent with custody under the current Parenting Plan has let the children. If the judge believes adequate cause exists for a change in the parenting plan, the judge will allow the case to proceed. There are exceptions to this when it is not the best interest of the child. The moving party must show the change has had or could have a significant effect on the child. Unfortunately, that is not always an easy process. Before a court will reopen a parenting case, the parties have to attend an "adequate cause" hearing.