When couples with children finalize a divorce, one of the biggest components of the divorce settlement is the parenting plan, which includes an agreement on the parenting time schedule for each parent. This schedule, which must be reviewed and approved by the court, spells out exactly when each parent is to have primary care responsibilities for the children. Over time, it’s not unusual for a parent to need to make a change to a parenting time schedule.
So, how does one go about making that change?
All changes to parenting time schedules must be filed with and accepted by the court. To ensure that these changes are handled properly, it is recommended that you consult with your divorce attorney.
When a change to the parenting time schedule is needed, the first step would be to go to the other parent to try to come to an agreement on the change. If both parents agree to the change, then a new plan can be filed with the court and it is generally approved without issue. If parents have difficulty coming to an agreement but are willing to try to find a middle ground, then mediation is often the best course for coming up with a new parenting time schedule. In many cases, mediation is required before asking a court to intervene. A family counselor can also be helpful in these situations.
The process becomes more complicated if only one parent is willing to make a change to the agreement. In these cases, the parent who wants to make the change will need to go to court and file a request to modify the parenting schedule. It should be noted under certain circumstances Illinois law imposes a two-year moratorium on petitioning the court for changes to the plan (parents who agree to a change can petition the court at any time). There are a few exceptions to this moratorium: 1) if a child is endangered under the current parenting plan, 2) if one of the parents moves more than 25 miles, or 3) if one of the parents marries or cohabitates with a registered sex offender.
If the moratorium is not in effect, the parent petitioning for the change will need to demonstrate to the court the alteration to the parenting schedule is in the child’s best interest. Common changes in circumstance include a parent moving to a new residence, a significant change in a parent’s work schedule, a change in the family situation (i.e., a parent re-marries or has another child), and a child is older and has different parenting needs.
Parents should work closely with their divorce attorneys to prepare documents for court that demonstrate clearly how the change in circumstance is impacting the current parenting time schedule. Once the court hears the petition, the judge will make a ruling on the change. If approved, the new schedule goes into effect. If the court rules against the change, the current parenting time schedule remains in place.
