What Situations Warrant Parenting Plan Modifications in Illinois?

 Posted on June 09, 2020 in Order Modification

When making divorce arrangements, the idea is that the terms will last a lifetime. While this may work for some of the areas in a divorce, such as property division, parenting plan arrangements may not last the test of time. There are a number of reasons why someone may want to modify a parenting plan, but the court will only allow it if it is in the best interest of the child. What a parent thinks is best for the child and what the court sees as best for the child can be extremely different. That is why it is important to work with an experienced divorce attorney to determine what circumstances warrant these adjustments.

Danger Is a Possibility

The primary instance in which a parenting plan agreement is modified is if a child is in harm’s way. If domestic violence is present in either of the child’s assigned homes, a court will immediately take action to protect the child. If the custodial parent is showing signs of abuse toward his or her child, the agreement may be modified so that the child no longer lives in that household. If the non-custodial parent is suspected of abuse, he or she may be required to have supervised visitation with the child or may lose visitation rights altogether.

Parental Relocation

Divorced parents are not always able to move wherever they would like. Custodial parents must receive approval from the co-parent and the court before relocating. In Illinois, this means moving the child more than 25 miles from his or her current residence. Some parents may attempt to relocate with their child as a way to keep him or her from the other parent, while others may think that it will genuinely benefit the child to move elsewhere. If the co-parent does not agree with the move, the petition will go to the court for review. If the relocation is approved, the parenting plan will be modified accordingly.

Difficulties With Co-Parenting

For some, the parenting plan just might not be working. A contentious relationship with a former spouse can sometimes lead to difficulties agreeing on child-related issues or following the parenting plan. This often involves ignoring requirements of the parenting schedule by failing to be on time, missing designated parenting time, or bringing the child home late on a frequent basis. If one co-parent refuses to abide by the regulations of the plan, the other parent may seek to legally modify the details.

Contact an Aurora Divorce Attorney

Deciding who your child will live with and how your parenting time will be divided is rarely an easy task, even for co-parents who have a good-natured relationship. In some cases, you may not see the need to adjust your parenting plan until a few months or even years after your divorce is finalized. The legal team at the Law Office of Matthew M. Williams, P.C. is well equipped to assist you with the order modification process. We have almost 15 years of experience helping families resolve their legal issues and disputes. If you believe that your parenting arrangements need modifying, contact our dedicated DuPage County order modification lawyers at 630-409-8184 to schedule your consultation.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=8300000&SeqEnd=10000000

https://www.verywellfamily.com/child-custody-modification-overview-2997133