If I Agree to Joint Parenting Time and It Does Not Work Out, Can I Try to Change It?

Protecting Your Child's Best Interests

After completing your divorce or establishing child custody orders as an unmarried parent, you may find that the agreements made with your ex-partner are not working out as planned. Your children may be struggling to transition between your households, or you may have encountered conflict that has made it difficult to work together with your ex to address child-related issues. Other changes in your life may have occurred that have made the current arrangements unworkable. Fortunately, it is possible to seek a modification to your child custody order, and this may involve adjustments to parenting time schedules or changes to the ways you and your ex make decisions regarding your children.

Court orders relating to children are generally able to be modified, including those that govern parenting time. If your parenting time arrangement needs to be changed, and the other parent does not agree, you may need to show that the current arrangement presents a serious danger to the child.

Court orders related to parental responsibilities and parenting time are intended to provide stability for the children of divorced, separated, or unmarried parents. Constantly changing parental authority arrangements and visitation schedules can cause children a great deal of stress and confusion. With that in mind, the law in Illinois places limits on the modification of such orders.

Modifying a Parenting Time Order in Illinois

If your order was entered or modified less than two years ago, the court will generally not consider a modification to the allocation of responsibilities unless the child's safety is seriously threatened. Serious endangerment includes hazards to the child's physical, mental, moral, or emotional health. However, parenting time arrangements may be modified at any time without the requirement to demonstrate serious endangerment to the child. A court may grant a modification of parenting time if you can show that your family's circumstances have changed in a way that requires changes to the current arrangements.

When requesting a modification of your child custody order, you will need to show that the requested change will help you and the other parent better address your child's needs. All modifications are expected to be made with the child's best interests in mind. Depending on your family's unique circumstances, you may adjust parenting time schedules to accommodate your and your ex's work schedules, your children's schedules for school and activities, or other needs. If you are seeking more parenting time with your children, you will need to demonstrate why this would be in your children's best interests, which may include showing that you are able to provide them with a safe and healthy environment and that you can ensure that their ongoing medical, nutritional, educational, and developmental needs will be met.

Contact Our Wheaton Parenting Time Modification Attorneys

At Mirabella, Kincaid, Frederick & Mirabella, LLC, our experienced family law attorneys understand the importance of keeping parental responsibility and parenting time orders up to date. We are prepared to work with you in providing the best possible situation for your child, regardless of your relationship with the other parent.

To learn more about how we can help, contact our office. Call 630-665-7300 for a confidential consultation today. The team at Mirabella, Kincaid, Frederick & Mirabella, LLC is proud to serve individuals and families in Wheaton, Naperville, Oak Brook, Downers Grove, and the rest of DuPage County, as well as Kane County and Kendall County.