What Can Be Modified in My Illinois Parenting Agreement?

 Posted on November 11, 2020 in Child Custody

If you have been through a divorce, it is understandable that you may want a break from the legal process after working tirelessly to reach a resolution on important decisions including your parenting agreement. However, it is important to realize that circumstances change over time, and what worked for you, your children, and your former spouse at the time of the divorce may not be as effective a few years later. If you find that your situation has changed substantially, it may be best to petition for a modification of your parenting plan.

Modifying Parenting Time in Illinois

Perhaps the most likely element of your parenting plan that may require modification is your parenting time arrangement. As circumstances and preferences change, it may be best to adjust either the distribution of time spent with each parent, the specific schedule of days, or both. You can modify parenting time at any point after your divorce as long as it is in your children’s best interests and you can demonstrate that one or more of the following is true:

• The circumstances of you, your ex, or your children have changed. Possible examples include a change in your work schedule or your children’s school schedule, a relocation of one or both parents, or a change in your children’s preferences as they get older.
• The requested modification is consistent with the actual care arrangement for the past six months. This means that in practice, you and your ex have begun to deviate from the original schedule with neither of you objecting.
• The modification is minor, perhaps involving a simple schedule change or an update to holiday agreements.
• The modification is necessary based on something that the court was not aware of at the time of the original agreement.
• Both parents are in agreement on the modification.

Modifying Parental Decision-Making Responsibilities

On the other hand, decision-making responsibilities related to your children’s education, religion, health, and extracurricular activities can usually not be modified for the first two years after your original agreement, unless the modification is necessary to protect the children from harm or dangerous influences. After two years, decision-making responsibilities can be modified for the same reasons as parenting time.

Contact a DuPage County Family Law Attorney

At the Davi Law Group, we continue to be here for you after your divorce to assist with any post-divorce modifications you may require. As always, we strive to help you achieve solutions that protect the best interests of you and your children. Contact a Wheaton, IL child custody lawyer today at 630-657-5052 to schedule a free consultation.

Source:

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