Modifying Parenting Time in Illinois

Parenting time arrangements are often designed to meet the child’s best interests at the time of a divorce or separation. However, as life changes, those arrangements may no longer be practical or suitable. Illinois law allows parents to modify parenting time under certain circumstances, but there are requirements before filing and many procedures that have to be followed. Here’s what you need to know about modifying parenting time in Illinois, including when it’s appropriate to request changes, the importance of mediation, and why you must follow the existing plan until the court approves a modification.

 

When Can You Modify Parenting Time or a Prior Custody Order?

In Illinois, you can seek to modify parenting time if there has been a substantial change in circumstances that affects the child’s best interests. Examples include:

• A parent’s work schedule has significantly changed.

 

• The child’s needs, such as educational or medical requirements, have evolved.

 

• A parent relocates or will be relocating, impacting the existing schedule.

However, not every issue warrants a modification request. Courts prioritize the child’s stability and best interests, so minor disagreements or personal frustrations may not justify a formal change.

 

When NOT to File for a Modification

Filing for a modification isn’t appropriate in every situation, such as:

• You don’t like your former spouse’s new partner: Personal feelings about your ex’s new relationship are not sufficient grounds for modifying parenting time. Unless the new partner poses a legitimate risk to your child, the court is unlikely to consider this reason valid.

 

• You are angry or seeking revenge: Using parenting time as a tool to punish or control your former spouse is not in the child’s best interests and may not be viewed favorably by the court.

 

• Your child doesn’t want to spend time the other parent or its inconvenient to you: While children’s preferences can be considered in some cases, Illinois law prioritizes the child’s best interests, which typically include maintaining a strong relationship with both parents.

 

Mediation: A Required First Step to modifying Parenting Time in Illinois

In most cases, Illinois courts require parents to attempt mediation before filing a motion to modify parenting time. Mediation is a structured process where a neutral third party helps parents work out a solution without going to court.

The benefits of mediation include:

• Saving time and money compared to court proceedings.
• Encouraging cooperative solutions tailored to your family’s needs.
• Reducing conflict between parents, which benefits the child’s well-being.
• allowing you to create a new parenting plan privately

If mediation fails to produce an agreement, you can proceed to file a motion with the court.

 

How to Request a Modification of Parenting Time in Illinois

If you’ve determined that a modification is necessary and mediation hasn’t resolved the issue, you can file a motion with the court. Here’s how the process typically works:

• File a Petition: Submit a formal request to modify parenting time, explaining the substantial change in circumstances and why the modification is in the child’s best interests.

 

• Notify the Other Parent: The other parent must receive notice of the petition and have an opportunity to respond.

 

• Attend Court Hearings: Both parents work though all of the pretrial requirements, such as discovery, appointing a guardian ad litem, dispute resolution and other appearances before they are allowed to present their case, and the court evaluates the evidence and testimony.

 

• Follow the Court’s Decision: If the court approves the modification, the new parenting time arrangement becomes legally enforceable.

 

• Follow the Existing Order Until It’s Modified: Until the court approves a modification, you must follow your existing parenting plan and orders. Failing to comply with the current arrangement can result in legal consequences, including contempt of court. Contempt can be expensive to defend against, and you could end up paying for the other side’s attorney fees.

Even if you believe the current arrangement is unfair or no longer works, the legal process must be followed to make permanent changes. Ignoring the order can harm your case and damage your credibility with the court. Since I no longer take modification cases that require hearings, I will refer you to someone who might be able to help And even if you think the prior orders are not working out, before you take this step you need to consider the costs of proceeding. Its not uncommon for people to spend over $20,000 each on attorney fees, costs such as the Guardian ad Litem, and missed work.

Agreed Modification of Parenting Time in Illinois

 

If you and your child/children’s other parent can agree to changes, you can:
1. Modify your parenting plan with the court. This is recommended when there are a lot of changes, such as where the children are enrolled for school, a major shift in times, or a new summer parenting plan.
2. Agree, but do so in writing. This is suggested if there are small changes, such as modifying pick up times, or changing the weekend end time from Sunday night to Monday morning.

 

Final Thoughts

Modifying parenting time in Illinois is a structured process aimed at serving the child’s best interests. While life changes may warrant adjustments, approach modifications thoughtfully and within the legal framework. If you’re considering an agreed modification to your parenting time and need guidance, or are looking for a neutral mediator, reach out. Contact me or give me a call to discuss your unique situation and explore your options. Let me use my 20+ years of experience to help you navigate the legal process and ensure your child’s best interests are protected.

 

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. It is essential to consult with an attorney to discuss your specific situation and legal options.