Anderson & Boback Logo

Additional Overnight Parenting Time is Not a “Minor Modification” in Illinois

Published
Categorized as Child Custody & Visitation

There have been several changes to the Illinois Marriage and Dissolution of Marriage Act (IMDMA). One of those changes is the requirements to modify a parenting plan, formerly known as visitation. Prior to the changes, a party need only prove that it was in the child’s best interests to modify a visitation schedule.

The new change now codified into the IMDMA as section 750 ILCS 5/610.5, allows for modifications of the parenting plan if there is a substantial change in circumstances and if the modification is necessary to serve the child’s best interests. If there are no substantial change in circumstances, the parties must then meet certain criteria to modify the parenting plan, one of them being that the modification is “minor”.

In In re the Marriage of O’Hare, 2017 IL. App (4th) 170091 (4th Dist.), the trial Court found, and the Appellate Court agreed, that adding an additional overnight every 14 days is not a minor modification. That change would essentially increase the Father’s parenting time by 6%, resulting in a 50/50 parenting schedule. With the finding that such a request would not be a minor modification, the Father would then have to prove that there has been a substantial change in circumstances.

Because section 610.5 is relatively new, the Court has to go into the interpretation of statutory construction as opposed to prior precedent. I would assume that there will be more litigation regarding this issue. For now, however, at least the 4th District has opined that requesting an overnight every 14 days is not an exception to the requirement of proving a substantial change in circumstances.

Was this information helpful?

You May Also Like

When a couple is considering a divorce, oftentimes there is a discussion about the house and who will live there during the divorce process.  Whether it is rented or purchased, some people decide that they would like to remain living…

Typically, you’d want to avoid a default when you are going through a divorce in Chicago because if not, then the way your marital estate is divided is out of your hands. Recently a client hired us to help her…

Spousal support is often a contentious issue in marriages that are substantial in length, where one spouse has outearned the other spouse.  Spousal support (formerly called alimony and often referred to as maintenance) is the payment of money from one…

There is a lot of disagreement about vaccinations for children and the argument between parents with differing views on this subject is not a new one.  Illinois family law attorneys representing parents in this type of disagreement have worked throughout…

There are many things that parents do when they are going through a separation from a partner or a divorce where a parent could lose custody - or impact their rights to make decisions for their minor children going forward,…

In my experience as a Chicago divorce attorney, when it comes to which spouse initiates a divorce in a marriage it is more often the wife.  Of course, there are plenty of husbands who file for divorce but in a…

RECENT POST
Categories
Archives
Anderson & Boback small logo

Download our Divorce Planning Guide today!

Get the information you need to prepare for divorce with our free resource Guide to Planning for Your Divorce.

What our clients are saying

Why Choose
ANDERSON & BOBACK?

Schedule a Discreet Consultation Today!

    Firm Overview
    ANDERSON & BOBACK?

    Anderson & Boback is a highly-respected, experienced Chicago family law firm, skilled in negotiation and litigation. When divorce and other family law issues make your life chaotic and uncertain, you want your case resolved as quickly and fairly as possible. Call Now 312-715-0870