A child’s needs likely will change as they age. You as a parent may look to change your parenting time in the Illinois Court. In the state of Illinois, a person must present to the court that there is a substantial change in circumstances to request the court modify the existing Judgment for Allocation of Parental Responsibilities Incorporating Parenting Time, commonly called a Parenting Plan.
Generally, a court will not consider modifying the existing Parenting Plan for two years after issuing the most recent order. However, the court may consider modification earlier if there are emergency circumstances. Most things are not deemed emergencies for court purposes.
When considering whether there has been a substantial change in circumstances, it is important to review the issue you wish to bring to the court as a continuing problem. Let’s say that the reason or issue you want a modification has only happened once. It is unlikely an Illinois Court will consider this a substantial change in circumstances to support a full modification of parenting time (an existing Judgment for Allocation of Parental Responsibilities Incorporating Parenting Time).
Try Mediation to Modify Parenting Time
If you believe you have an ongoing issue that supports filing a Motion to Modify, you should contact the other parent first. Determine whether the two of you can attend mediation by agreement to address this issue. If the other parent refuses, you can move forward with filing a Motion to Modify. However, if they agree to attend mediation, you should attend the mediation first prior to filing your Motion with the Court of Illinois.
Do you need help determining whether you have experienced a substantial change in circumstances? Contact our Swansea, Illinois office to schedule a consultation today.