Many people are familiar with the terminology “custody” and “visitation” when thinking of child-related issues in dissolution and parentage matters. However, those are outdated terms. As of January 1, 2016, the Illinois Marriage and Dissolution of Marriage Act (IMDMA) began using “allocation of parental responsibilities” instead. Parental responsibilities include parenting time and significant decision-making responsibilities.
Defining “Parenting Time”
It is a good idea to familiarize yourself with the definition for “parenting time” prior to filing any pleadings seeking a modification of an existing Parenting Plan or Allocation Judgment. Pursuant to 750 ILCS 5/600(e), “parenting time” is defined as “the time during which a parent is responsible for exercising caretaking functions and non-significant decision-making responsibilities with respect to the child.”
How to Modify an Existing Parenting Time Schedule
To modify an existing Parenting Plan or Allocation Judgment regarding parenting time specifically, you must first refer to 750 ILCS 5/610.5. Section 610.5 explains that parenting time may be modified at any time if you are able to show changed circumstances. No showing of serious endangerment to the child is required, just a substantial change in circumstances. For a non-exclusive list of factors that a Court will consider, please see 750 ILCS 5/602.7(b). One thing that an Illinois Court will not consider in making its decisions is a parent’s conduct that does not affect the parent’s relationship with the child. [750 ILCS 5/602.7(c).]
Absent an agreement, the parent seeking the modification must file a pleading before the Court to achieve such a modification. The pleading seeking the modification is the document that you will need to file to begin the process before the Court.
“Substantial Change in Circumstances” Requirement
The Court must find by a preponderance of the evidence that a substantial change has occurred in the circumstances of the child or of either parent. This means that you must provide convincing evidence to the Court that proves the change in circumstances warrants a modification of the existing Parenting Plan or Allocation Judgment so that the child’s best interests are properly served.
The party seeking the modification has the burden of proof that the modification is warranted. This is because there is an underlying policy favoring the finality of child custody judgments and promoting stability and continuity in the child’s environment and relationships. Therefore, from the Court’s point of view, if you want to change the status quo, you must prove to the Court why that should happen.
Remember that the substantial change in circumstances must have occurred after the entry of the existing Parenting Plan or Allocation Judgment. Also, the substantial change in circumstances must not have been anticipated prior to the entry of the existing Parenting Plan or Allocation Judgment.
Exceptions to the Requirement
Sometimes a pleading seeking a modification is not required to change a parenting time schedule. Instead, there are plenty of instances where parents are able to come to an agreement modifying parenting time without the Court’s involvement in the matter. In such a case, the parties can submit a proposed Agreed Order to the Court modifying the parenting time. Unless the Court, in its review of the proposed modification, finds that the modification would not be in the child’s best interest, the Court will likely enter an Order modifying the parenting time. 750 ILCS 5/610(d).
Pursuant to Section 610.5(e), there are a few exceptions to the requirement of showing changed circumstances. Notably, each time the Court examines whether to modify a parenting time schedule, such a modification must be in the child’s best interest. In addition to that, the exceptions include the following:
- The modification reflects the actual arrangement under which the child has been receiving care, without parental objection, for the 6 months leading up to the filing of the modification request (it is important that the new arrangement cannot result of a parent’s inability to give meaningful consent to the new arrangement);
- The modification constitutes a minor modification in the parenting plan or allocation judgment;
- The change is necessary to modify a previous parenting plan or allocation judgment that the Court would not have ordered or approved the first time around had the court been aware of the circumstances at the time of the Order or approval; or
- The parents are in agreement with the modification, as discussed above.
Seeking a Modification in Parenting Time in Bad Faith
Under Section 610.5(f), if a Court determines that a modification is vexatious or constitutes harassment, the Court shall assess the attorney’s fees and costs against the party seeking the modification. If the Court finds that a party has repeatedly filed frivolous pleadings for modification, then the Court may ultimately bar the parent from filing a pleading seeking a modification for a period of time.
Navigating the requirements for a modification of parenting time can be difficult, especially if the parents have not reached an agreement to change the status quo. If you are interested in seeking a modification to your existing Parenting Plan or AllocationJudgment, it is recommended that you speak to a qualified attorney.
If you are interested in seeking a modification to your existing Parenting Plan or Allocation Judgment it is recommended that you speak to a qualified attorney.
