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Answers to Your FAQs About Modifying Parenting Time in Illinois

Posted on in Child Custody

IL family lawyerWhether it was several months or years ago that your current order on parenting time was entered by a family law court, you probably recall some of the general legal concepts. Illinois’ statute on allocation of parental responsibilities covers both decision-making on important issues involved with raising the child AND the parenting schedule. The former terms of custody and visitation may no longer be used, but the underlying legal issues remain the same. Another notion that has not changed is that the court’s parenting plan order is legally binding. Even by agreement, co-parents cannot alter the provisions without court approval.

Of course, life may throw a curveball that you did not expect when the existing order was entered. Illinois laws presume that your circumstances will change over time, which is why there is a process for modifying the parenting time schedule under certain conditions. It is wise to retain an experienced Lombard child custody and visitation attorney to handle the legal tasks, but some answers to common questions about modifications may be helpful.

What are the grounds for modifying parenting time in Illinois?

In order to establish the need to modify the visitation schedule, you need to prove two factors:

  1. A substantial change in circumstances has affected the child or either parent
  2. Modification of the parenting time schedule is necessary to serve the child’s best interests

Can co-parents agree to modify the child visitation schedule?

You can reach a compromise on modifying parenting time, but there are still requirements to keep in mind. First, your agreement is not binding until it has been approved by the court. Any arrangement that contravenes the order on record is unlawful. Second, the judge will review your parenting time modification agreement carefully to ensure it complies with the child’s best interests standard in Illinois.

Does it matter if the modification is due to relocation?

Yes, the statute does state that relocation constitutes a “substantial” change in circumstances that would justify a modification of parenting time. However, you can only seek modification for moving if you were allocated:

  • A majority of parenting time in the original order
  • Equal parenting time with your child’s other co-parent

Note that relocation means moving more than 25 miles away if you live in one of six designated counties in Northeastern Illinois, but a 50-mile distance applies to the rest of the state.

How do I request a modification of parenting time?

If you cannot agree, you will need to file a petition to modify parenting time. The court will conduct a hearing on the matter, paying close attention to evidence on a substantial change in circumstances and the best interests of the child.

Get More Answers from a DuPage County, IL Child Custody Lawyer

For more information on modifying parenting time or other aspects of parental responsibilities, please call A. Traub & Associates at 630-426-0196. We can set up a consultation with a dedicated Wheaton child custody and visitation attorney who can review your situation and advise you on the next steps.

 

Source:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+VI&ActID=2086&ChapterID=59&aSeqStart=8350000&SeqEnd=10200000

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