The Short Answer
A parenting arrangement may need to change as a child's needs and family circumstances change. Illinois law permits modification in appropriate cases, but the applicable legal standard depends on the part of the order being changed, the existing judgment, any agreement between the parents, and the child's best interests.
Can parenting time be modified?
Illinois law addresses changes to parenting time and to significant decision-making responsibilities under different provisions. Depending on the circumstances, a court may consider changed conditions, the child's best interests, the parents' agreement and other statutory factors. A request to adjust a schedule is not necessarily evaluated in the same way as a request to change decision-making authority. The present court order and specific requested relief should be reviewed before drawing a conclusion.
What does the court consider?
The child's best interests are central to the analysis. Relevant information may include daily routines, school needs, parental availability, transportation, health, established arrangements and safety concerns. The importance of any individual factor depends on the facts and the applicable part of Illinois law.
Is parenting time the same as decision-making?
No. Parenting time generally relates to when a parent cares for a child, while significant decision-making responsibilities concern specified major decisions affecting the child. Different modification and timing rules may apply. For example, Illinois law generally places a two-year restriction on certain requests to change decision-making responsibilities, subject to exceptions; that is not a blanket prohibition on changing parenting time.
What if both parents agree?
An agreement may make a proposed change less contested, but parents should not assume that a private understanding automatically replaces an existing court order. Whether the court must approve a change and how it should be documented depend on the judgment, the relief sought and Illinois law.
When should a parent seek guidance?
A parent may benefit from legal guidance when an order no longer fits the child's circumstances, a move affects schedules, there is disagreement or a safety concern arises. Reviewing the existing judgment and the facts can help determine whether an agreement, petition or another response is appropriate.
Guidance for Your Situation
The Law Offices of Wendi J. Wade, LLC serves clients in Belvidere, Boone County and nearby Northern Illinois communities. Contact the office to discuss which questions are relevant to your circumstances and whether representation is appropriate.