How Can I Change My Ex’s Parenting Time in Illinois?

 Posted on February 28, 2025 in Child Custody

A parenting time schedule should serve the best interests of the child, but sometimes, life changes may make an adjustment necessary. Whether you are dealing with a new work schedule, a relocation, or concerns about your child’s well-being, modifying parenting time requires legal action. In Illinois, courts will only grant modifications if certain conditions are met. If you need guidance with altering parenting time, an Illinois family law attorney can help you understand the process.

When Can Parenting Time Be Modified in Illinois?

Under state law, a court will only modify parenting time under specific circumstances. If both parents agree to the change, they can submit a request for court approval. However, if the other parent does not agree, you must prove that a modification is necessary.

A court may approve a modification if:

• Two years have passed since the last order, and the change serves the child’s best interests.

• Less than two years have passed, but the child’s physical, mental, or emotional well-being is at risk.

• There has been a significant change in circumstances, such as a relocation, work schedule change, or safety concerns.

If none of these conditions apply to your situation, it can be difficult to obtain a modification without the other parent’s agreement.

How Do I Request a Parenting Time Modification?

To alter your ex’s parenting time, you must file a petition with the court that gave the original order. The petition must explain why the change is necessary and how it serves the child’s best interests.

If the other parent does not agree, the court will schedule a hearing for both parents to present evidence and arguments. You may need to provide documentation, like school records, medical reports, or witness statements to support your case. If the court determines that the modification is justified, a new parenting time order will be created.

What Factors Do Courts Consider When Modifying Parenting Time?

Judges will consider several factors when deciding whether to modify parenting time. The primary concern when making this determination is always the child’s well-being. When doing so, the court will evaluate:

• Each parent’s capability to provide a stable and safe environment

• The child’s adjustment to his or her school, community, and home

• The child’s relationship with each parent

• Any history of substance abuse or domestic violence

• Each parent’s willingness to encourage a relationship with the other parent

Depending on age and maturity, the court may also consider the child’s wishes when making a decision.

Can Parenting Time Be Restricted?

If one parent’s behavior endangers the child, the court may place restrictions on his or her parenting time instead of simply modifying the schedule. This could happen in cases involving abuse, neglect, or substance abuse.

Restrictions may include requiring supervised visitation, reducing the time the parent can spend with the child, or, in severe cases, suspending parenting time completely. The court will only impose these restrictions if there is clear evidence that the parent’s actions harm the child.

Contact a DuPage County, IL Parenting Time Lawyer

If your parenting time schedule no longer works, there are legal options for seeking a modification. A Wheaton, IL family law attorney at Goostree Law Group can help you throughout the process and advocate for your child’s best interests. Contact us at 630-364-4046 to schedule a free consultation and learn more about our services.