Court Finds That A Seeking an Additional Overnight in Parenting Time is Not a “Minor Modification” Pursuant to 610.5(e)(2).

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.

You May Also Like

  • Download our Divorce Planning Guide today!
  • 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.

    click to download now!

What Our clients are saying

Excellent - I highly recommend Kimberly Anderson. She is knowledgeable, assertive, and experienced. What impressed me most about Kim is her dedication. I was able to reach her whenever there was a problem. She always responded immediately, proposed a solution, and put me at ease. The entire legal team at Anderson & Boback is superb.

Lisa March 29, 2018

  • Why Choose Anderson & Boback ?

  • ASLA Badge - Kimberly Anderson 2018
    BBB A+ Badge
    lawyers of distinction badge
    AVVO 10 Rating badge - generic
    Super Lawyers Generic badge

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