If I Agree to Joint Parenting Time and It Does Not Work Out, Can I Try to Change It?
Protecting Your Child's Best Interests
Court orders relating to children are generally able to be modified, including those that govern parenting time. If your parenting time arrangement needs to be changed within two years of it being entered and the other parent does not agree, you will need to show that the current arrangement presents a serious danger to the child.
Court orders related to parental responsibilities and parenting time are intended to provide stability for the children of divorced, separated, or unmarried parents. Constantly changing parental authority and visitation schedules can cause children a great deal of undue stress and confusion. With that in mind, the law in Illinois places limits on the modification of such orders.
Modifying a Parenting Time Order in Illinois
If your order was entered or modified less than two years ago, the court will generally not consider a modification unless the child's safety is seriously threatened. Serious endangerment includes hazards to the child's physical, mental, moral, and emotional health.
For an order entered or modified more than two years ago, the court will consider modifying the order to accommodate the changing circumstances of your family. You will need to show that the requested change will help you and the other parent better address your child's needs. All modifications are expected to be made with the child's best interests in mind.
At Mirabella, Kincaid, Frederick & Mirabella, LLC, our experienced family law attorneys understand the importance of keeping parental responsibility and parenting time orders up to date. We are prepared to work with you in providing the best possible situation for your child, regardless of your relationship with the other parent.
To learn more about how we can help, contact our office. Call 630-665-7300 for a confidential consultation today. The team at MFKM Law is proud to serve individuals and families in Wheaton, Naperville, Oak Brook, Downers Grove, and the rest of DuPage County, as well as Kane County and Kendall County.