When Can I Change the Terms of My Illinois Parenting Plan?

 Posted on April 28,2021 in Child Custody / Allocation of Parental Responsibilities

When Illinois parents divorce, they are asked to create a “parenting plan” describing parental responsibilities and parenting time and submit it to the court. If the parents disagree about the terms of the parenting plan and cannot reach a compromise during mediation, the court may decide on the unresolved elements for them. Life is full of unexpected changes, and consequently, there may come a time that a parent needs to alter the terms of the parenting plan. However, parental responsibilities and parenting time arrangements may only be modified in certain circumstances.

When Can Parental Responsibilities Be Modified?

Parental responsibilities refers to a parent’s authority to make major decisions about the child such as where the child will attend school or religious services. Illinois law places a two-year moratorium on parental responsibility modifications in order to promote stability in the child’s life. However, parental responsibilities may be changed before the two-year period if:

• Both parents agree on the modification and the court finds the modification to be in the child’s best interests.
• The parents agree to waive the two-year moratorium.
• Each parent has requested a modification.
• One of the parents cohabitates with a sex offender.
• The current circumstances endanger the child’s mental, emotional, or physical wellbeing.

If it has been more than two years since the establishment of the parenting plan, the allocation of parental responsibilities may be modified if there is a “substantial change in circumstances” and the modification is in the child’s best interests. If the parents have been following a different arrangement for over six months, they may modify the parenting plan to reflect the arrangement that they have been following.

When Can the Parenting Time Schedule Be Changed?

The parenting time schedule may be altered at any time if there is a change in circumstances that necessitates the modification and the modification is in the child’s best interest. For example, if a parent’s work schedule changes, the parents may need to switch the days that each parent is responsible for the child. A parent’s relocation is automatically considered a change in circumstances. Parents may also modify the parenting plan to reflect a new parenting schedule if the parents have followed a parenting schedule for at least six months and wish to make this schedule official.

Contact a St. Charles Parenting Plan Lawyer

Child custody concerns are rarely straightforward. If you need to create a parenting plan, modify your parenting plan, or you have other child custody concerns, contact a Kane County child custody attorney at Shaw Sanders, P.C. Call us at 630-584-5550 for a free consultation.

Source:

https://www.ilga.gov/legislation/ilcs/documents/075000050K610.5.htm