Parenting time orders in Illinois are designed to reflect the best interests of the child at the time they are issued. But life changes. Children grow, parents relocate, work schedules shift, and sometimes the original arrangement no longer works. Fortunately, Illinois law allows parents to request modifications to parenting time orders when circumstances warrant a change. Understanding when and how to file can help you protect your rights and your child’s well-being.
At Kulerski & Cornelison, our team serves families DuPage and Cook counties. We can help you seek modification of parenting orders when you need it. Get in touch today to learn more.
When Can You Modify Parenting Time?
Under the Illinois Marriage and Dissolution of Marriage Act (IMDMA), parenting time can be modified if:
- Two years have passed since the last order was entered, or
- A substantial change in circumstances has occurred, or
- The current arrangement is no longer in the child’s best interests
Common reasons for modification include:
- One parent relocating or changing work schedules
- The child’s needs evolving due to age, school, or health
- A parent failing to comply with the existing order
- Evidence of abuse, neglect, or unsafe conditions
- A desire to increase or decrease parenting time based on the child’s preferences or developmental needs
Emergency modifications may also be granted if the child’s safety is at risk.
Legal Requirements and Considerations
To successfully modify a parenting time order, the requesting parent must demonstrate:
- That the change is in the child’s best interests
- That a material change in circumstances has occurred since the last order
- That the modification will promote stability and continuity for the child
Illinois courts consider several factors when evaluating a request, including:
- The child’s relationship with each parent
- The child’s adjustment to home, school, and community
- The mental and physical health of all parties
- Each parent’s willingness to facilitate a relationship with the other parent
- The child’s wishes, depending on age and maturity
How to File for Parenting Time Modification
With the help of an experienced attorney, you can follow these steps to seek your modification:
1. Review the Existing Order
Start by obtaining a copy of the current parenting time or Allocation Judgment order. You will need this to reference the case number and attach it to your motion.
2. Prepare the Required Forms
You will need to complete and file the following documents:
- Motion to Modify Parenting Time: Clearly explain what changes you are requesting and why. Be specific about the proposed schedule and how it benefits the child.
- Notice of Court Date for Motion: Contact the circuit court clerk to schedule a hearing and notify the other parent.
- Affidavit: If it has been less than two years since the original order, you must submit an affidavit explaining why an early modification is necessary.
3. File in the Correct Court
File your motion in the circuit court where the original order was entered or where the child currently resides.
4. Serve the Other Parent
You must legally notify the other parent of your motion and court date. This can be done via certified mail, sheriff’s service, or private process server.
5. Attend the Hearing
At the hearing, both parents can present evidence and testimony. The judge may appoint a guardian ad litem or child representative to assess the situation and make recommendations.
What Happens After Filing?
If the court finds that the modification is justified and serves the child’s best interests, it will issue a new parenting time order. This updated order becomes legally binding and enforceable. If the motion is denied, the original arrangement remains in place.
Learn How to Modify Parenting Orders with an Illinois Family Law Attorney
Modifying parenting time orders in Illinois is a structured legal process that requires careful preparation and a clear understanding of the law. Whether you are seeking more time with your child, responding to a relocation, or addressing safety concerns, acting promptly and strategically can help you achieve a fair and beneficial outcome.
At Kulerski & Cornelison, our family law attorneys are ready to help. Contact us today for a consultation of your case.