Modifying Your Parenting Plan in Lake County
Life doesn’t always go according to plan—especially when it comes to parenting after divorce. As time passes, circumstances change, and the parenting agreement that once worked for your family may no longer fit your needs. Whether due to a job change, relocation, or evolving needs of your child, modifying your parenting plan may be necessary.
If you live in Lake County, Illinois, it’s important to understand the legal requirements for modifying a parenting plan. Depending on what changes you need to make and how long it has been since the agreement was established, there are different legal standards you may need to meet.
Modifying Parenting Time in Illinois
Parenting time (previously called visitation) refers to the time each parent spends caring for and supervising their child. Most parenting plans include a structured schedule, such as one parent having the child on weekdays while the other has weekends.
Under Illinois law, a parenting time schedule can be modified at any time if the modification is in the child’s best interests and at least one of the following applies:
A significant change in circumstances requires an adjustment to better serve the child.
The new schedule reflects what has already been happening for at least six months. If your routine has naturally changed over time, the court may formalize it.
The change is minor and does not significantly alter the existing agreement.
The modification corrects an issue in the original parenting plan that the court wouldn’t have approved had all relevant information been available.
If you and your co-parent agree on the changes, the process is typically straightforward. However, if disagreements arise, you may need to go to court to request the modification.
Modifying Parental Responsibilities
While adjusting parenting time can be relatively simple, modifying parental responsibilities or decision-making authority (formerly called legal custody) is more complex. Parental responsibilities include making major decisions about your child’s:
Education (school enrollment, tutoring, special programs)
Healthcare (medical treatments, therapy, insurance)
Religion (if applicable)
Extracurricular activities (sports, music, clubs)
If it has been more than two years since the parenting plan was established or last modified, you may request a change by demonstrating if a substantial change in circumstances has occurred, or the modification is in the child’s best interests.
However, if it has been less than two years, Illinois courts require a higher burden of proof. You must show that the current allocation of responsibilities is endangering the child’s physical, mental, or moral well-being. Courts are hesitant to make frequent changes in decision-making authority, as too many adjustments can disrupt a child’s stability.
If your parenting plan is no longer working, don’t wait to take action. Alan Lenczycki is a Libertyville family law attorney who can explain your legal options to help you navigate the modification process smoothly and ensure that your child’s needs remain the top priority.
Contact me today to schedule a complimentary initial consultation!
