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Can I Change My Parenting Plan Without Going Back to Court in Illinois?
After a divorce, parents often find that their original parenting plan does not always suit their reality as their child grows or circumstances change. In Illinois, parenting plans are designed to provide stability, but they do not need to permanently remain the same. Parents in St. Charles and throughout Kane County often wonder whether they can make changes informally, or if they need to return to court.
The short answer is: Some minor adjustments may be made informally if both parents agree. But to legally change the parenting plan and ensure the new arrangement is enforceable, you will likely need court approval. To learn more, speak with an experienced Kane County, IL family law attorney.
What Does Illinois Law Say About Modifying Parenting Plans?
Under Illinois’s 750 ILCS 5/610.5, parenting plans can be modified if doing so serves the best interests of the child. However, the process depends on several factors, including how long it has been since the plan was entered and whether both parents agree to the change.
If both parents agree to a modification and it has been two years or more since the last court order, they can usually file a joint request for modification with the Kane County court. If one parent objects or if it has been less than two years, the parent requesting the change must show that there has been a significant change in circumstances affecting the child or the parenting arrangement.
Common reasons for modification include:
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A parent relocating
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Changes in the child’s school or activity schedule
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One parent’s job schedule changing
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Concerns about the child’s well-being or safety
Can We Just Agree to Make Changes Without Going to Court?
Technically, yes. Parents can agree to small changes without court involvement. For example, swapping a weekend here or there or adjusting a pick-up time does not require legal action. However, these changes are not enforceable unless they are approved by the court.
If one parent later decides not to follow the informal agreement, the other parent has no legal way to enforce it unless it is part of the official court order. If you are thinking about long-term changes, it is best to go to court to establish them formally.
Why Mediation May Be Useful When Changing Your Parenting Plan
When parents have a hard time agreeing about whether or how their parenting plan should change, mediation can be useful. At Shaw Sanders, P.C., our lead attorney is an experienced mediator who regularly helps co-parents reach new agreements without going to court. Mediation can help reduce conflict, save time and money, and keep decision-making in the hands of the parents rather than a judge.
However, if one parent refuses to cooperate or there are serious concerns about the child’s well-being, mediation may not be appropriate. In those cases, we are prepared to take your case to court and fight for a solution that protects your child’s best interests.
Contact a St. Charles, IL Parenting Plan Lawyer
If your parenting arrangement no longer works for your family, contact a Kane County, IL family law attorney at Shaw Sanders, P.C.. Our firm offers free consultations and can help you pursue a fair and enforceable solution, whether through skilled mediation or courtroom advocacy. Call 630-584-5550 today to learn more.
630-584-5550