Court-ordered parenting plans are meant to provide stability and work for the long haul, but life rarely stays the same. New developments can throw off a parenting time arrangement that once made perfect sense.
Fortunately, Illinois law allows you to seek adjustments to the existing parenting schedule when things no longer work the way they should. Here’s more on this.
Are you in consensus with your co-parent?
It’s a bit easier to modify parenting time if you are on the same page with your co-parent on the proposed changes. All you have to do is submit an agreed modification to the court for approval. Once approved, it becomes legally binding, just like the original parenting plan. Courts usually approve these agreed changes as long as they serve the child’s best interests.
What if you disagree?
If you and your co-parent cannot agree on the changes, you can still ask the court to modify the parenting schedule. This process involves filing a court motion where a judge will decide the way forward.
You must show the court two things to prevail in a parenting plan modification motion. First, that there have been substantial changes since the current orders came into effect. These may include:
- A job with new hours or a demanding schedule
- One parent moving closer or farther away
- A child’s changing school, medical or emotional needs
- One parent regularly misses scheduled time
Second, you must prove the requested modification is in the child’s best interests. This is the key factor the court will focus on when making a decision. As such, it helps to demonstrate how the proposed changes will promote the child’s stability, consistency and overall well-being.
If your family’s needs have shifted, and you are considering modifying parental responsibilities, learning more about what the law says and seeking qualified guidance can inch you closer to a solution that protects your child’s interests and asserts your parental rights.
