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Get Your Questions Answered - Call Me For A Phone Consultation (312) 779-0098

The Process Of Modifying Parenting Time In Illinois

In this article, you will learn…

  • What changes may be cause for a modification of parenting time,
  • What steps may be required prior to filing a motion to modify parenting time, and
  • How your cooperation can impact the outcome of your case.

What Is The Process To Modify Parenting Time In Illinois?

The process to modify parenting time in Illinois involves alleging changes to the child’s schedule. These changes may include…

  • Extracurricular activities,
  • Hobbies,
  • Medical conditions,
  • Or other pertinent issues.

With parenting time, you are dealing with subjective day-to-day lives more than objective numbers. Sometimes the need for modification can be a result of a parent getting a new work schedule that impacts their ability to spend time with the child. The specific change in circumstance will dictate what discovery is sought.

If there has been a change in schedule, you will need to obtain a letter from your employer. This may be considered hearsay and therefore won’t be admitted as evidence, but you still want your new schedule in writing and signed off by your employer.

If it is a matter of a change in medical conditions, you will need medical bills, medical records, and any pertinent doctor testimony.

Before you file a motion for modification, be sure that you review your allocation judgment for parental responsibilities and parenting time. Our firm has a practice of including a clause within those judgments that says that the parties can modify the parenting plan or visitation-custody arrangement by written agreement. Parties must follow this set of rules or steps before going to court.

The steps typically outlined in this clause are…

  • Submit a written request to the other party to change a parenting plan or visitation agreement.
  • Attempt to have a phone conference with the other party.
  • Seek mediation or arbitration to resolve any conflict.

Ideally, the other party would respond to the written request. However, if no response is received after 7 to 10 days, you would then move on to step two. If the other party will not have a phone conference, you would then have to seek mediation or arbitration to resolve that conflict. If no resolution can be reached after following these steps, you would then file a motion before the court.

This process can be a double-edged sword, of course. If you are the party filing the motion and you do not follow the steps, the other party can file sanctions against you for not following the judgment. They can argue that you have filed an untimely motion and incurred attorney fees against the party. You might then be responsible for paying for the other party’s defense against what is found to be a frivolous and untimely motion.

On the other side, if you are the party who is having the motion filed against you, this is now in your favor. It provides you with some leverage in the negotiation process for changes.

If you are the party filing the motion and you have taken all of the necessary steps, the other party can appear uncooperative before the judge. Cooperation and co-parenting are key factors in the statute for modification in determining who gets the majority of parenting time, so their appearance of uncooperativeness will reflect poorly on them in court.

Uncooperativeness directly prohibits the other party from effectively making significant decisions required for the child on a day-to-day basis. You can argue that you can’t petition the court every single time a decision needs to be made and if the other party is included, that is what is going to happen due to their unwillingness to cooperate.

It is important to always follow the judgment order to the best of your ability and seek a cooperative resolution before filing a motion to the court.

For more information on Modifying Parenting Time In Illinois, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (312) 779-0098 today.

HBOG Law Group, LLP

Get Your Questions Answered -
Call Me For A Phone Consultation (312) 779-0098

We Service Cook, Dupage And Will Co Counties. Get Your Questions Answered - Call Me For A Phone Consultation - (312) 779-0098

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