After a divorce, circumstances can change for either party or for a couple’s children. These situations may lead a parent to seek a modification of the child parenting arrangements that were put in place during the divorce process. If you have experienced changes in your life after your divorce, it is important to understand when and how child parenting agreement modifications can be made. An attorney with experience representing clients in family law cases can guide you through the process, ensuring your child's best interests are prioritized and your parental rights are protected.
When Can You Modify A Parental Allocation Judgment in Illinois?
In Illinois, it is possible to modify both the allocation of parental responsibilities (formerly referred to as legal custody) and parenting time (formerly referred to as visitation). According to the state’s laws, modifications can usually only be made to the allocation of parental responsibilities after two years have passed since the completion of a divorce or since a child custody order was put in place. However, modifications can be made at any time if they are necessary to serve the best interests of the child or children.
In general, requests to modify the allocation of parental responsibilities must be based on significant changes in a family’s circumstances. Some examples of significant changes in circumstances include:
- Changes in living conditions: Any issues that affect either parent’s home may be a reason for a modification. These changes might include a relocation to a new home or other adjustments to the home environment that may impact the child's well-being.
- Changes in schedules: If a parent experiences a change in employment that affects their availability, parenting time schedules may need to be adjusted. Changes in children’s schedules, such as when they go to school or when they will participate in activities, may also require modifications to parenting time.
- Children's needs: As children grow, their lives are likely to change, and their ongoing needs may evolve. Changes in education, health, or emotional well-being may require adjustments to the ways parents make decisions for their children or the time that children will spend with each parent.
- Parental relationship: Significant improvements or deteriorations in the relationships between parents and children can influence how decisions will be made and where children will live. If parents agree that it would be better for a child to live primarily with one parent, or if there are concerns about a child’s well-being when they are with one parent, a couple’s parenting plan may be modified to reflect changing family dynamics.
Best Interests of the Child
Any modification must align with the child's best interests. When a modification request is made, a family court judge will consider several factors to determine what would be the best solution. These factors include:
- The child's adjustment to her home, school, and community
- The relationships between the child and both parents
- The mental and physical health of all parties involved
- The parents’ willingness to cooperate with each other
- The feasibility of putting arrangements in place that will allow parents to exchange children at the proper times while minimizing conflict.
Even when parents agree on the modifications that they believe should be made, a judge will review the agreement to ensure that it will serve the child's best interests.
Contact a St. Charles Lawyer For Modifications to Parenting Plans
If you believe that your parenting plan should be modified, you can work with a lawyer to prepare and submit a modification request. At Mirabella, Kincaid, Frederick & Mirabella, LLC., our Kane County child custody attorneys understand the complexities of family law in Illinois, and we can advocate for solutions that will provide for your child’s best interests while meeting your family’s needs. To discuss your case and learn more about how we can assist you, contact us today at 630-665-7300 to set up an initial attorney meeting.
