Changing a Parenting Plan: Best Interests of the Child

In Illinois, parenting plans can be agreed upon by co-parents or determined by the Court. Parenting plans are intended to provide structure and stability for children whose parents are divorced or who may never have been married. These plans cover two critical areas: parenting time (formerly referred to as physical custody) and parental decision-making (previously known as legal custody). Once these elements are decided upon by the parents or the Court, then the parenting plan is written down and made into an official Court Order that the co-parents are required to follow. That official Court Order is called a Parental Allocation Judgment.

So, what happens when a family’s life circumstances change? What happens when one of the parents gets a new job with different hours, or the children get older and the parenting schedule is no longer appropriate? When parents need to request a change to their parenting plan, they can either agree to those changes between themselves, or they can litigate the issue on Court. Either way, the Court will review the proposed changes to the parenting plan before making them official by modifying the Parental Allocation Judgment.

How does the Court decide what changes are acceptable? The Court will consider whether the changes will be in the best interests of the children based on many different factors that are laid out in Illinois law. If the changes are approved, the Court will enter a new Parental Allocation Judgment, with the modified parenting plan terms included.

Parenting Time Versus Parental Decision-Making

Under Illinois law, “parental responsibilities” encompass both parenting time and parental decision-making. Parenting time refers to the schedule detailing when the child resides with or spends time with each parent. Parental decision-making involves authority over significant aspects of the child’s life, such as education, healthcare, religious upbringing, and extracurricular activities. Courts analyze requests to modify each differently, but both require that any changes align with the child’s best interests.

Legal Framework for Modification in Illinois

The Illinois Marriage and Dissolution of Marriage Act (IMDMA) governs the modification of parenting plans. Under 750 ILCS 5/610.5, a parenting plan can usually be modified if there has been a substantial change in circumstances since the entry of the existing plan. More specifically, parenting time can be modified anytime, but a request to modify parental decision-making is not allowed within the first two years after the previous parenting plan was put in place. No matter what element of a parenting plan you are trying to modify, the Court will consider the factors laid out in the stature before determining whether those requested changes are acceptable.

Best Interests of the Child Statutory Factors

Illinois courts rely on the statutory best interest factors outlined in 750 ILCS 5/602.7(b) for parenting time and 750 ILCS 5/602.5(c) for decision-making. These factors include, but are not limited to:

• The wishes of the child, considering the child’s maturity and ability to express reasoned preferences.
• The child’s adjustment to home, school, and community.
• The mental and physical health of all individuals involved.
• The parents’ ability to cooperate and encourage a close relationship with the other parent.
• The child’s needs.
• The distance between the parents’ homes.
• The level of each parent’s participation in past caretaking and significant decision-making.
• Any history of physical violence or threat of violence.
• The willingness and ability of each parent to place the child’s needs above their own.

When the parents disagree about how best to modify the parenting plan, the Court will typically appoint a Guardian ad litem to conduct a thorough investigation into the situation and report back to the Court their recommendations as to the best interests of the children involved.

Case Study: In re Marriage of Jessica F. & Justin H.

The recent case of In re Marriage of Jessica F. & Justin H., 2024 IL App (4th) 231264, is a good example of how courts apply the best interest analysis when considering requests to modify a parenting plan.

Jessica and Justin were married in 2014 and divorced in March 2020. They had one child, G.H., born in January 2013. The original parenting plan, entered in February 2021, granted Justin parenting time on three weekends per month, in addition to alternating holidays and extended summer periods.

Following the entry of the original Parental Allocation Judgment, Jessica sought a modification, citing concerns over the child being bullied at school and her move to a new town where the child could attend a smaller school. Jessica requested a more “standard” parenting time arrangement, where Justin had the child every other weekend, to reduce confusion and better support the child’s routine during the school year. Justin responded by filing his own motion to modify the parenting plan to give him more parenting time, alleging that conflicts between G.H. and his stepsiblings at Jessica’s home put G.H.’s well-being in jeopardy.

The trial court carefully evaluated the situation against the statutory factors of the best interests of the child. The court determined that Jessica’s relocation to a district with smaller schools, which provided a more supportive educational environment, would benefit G.H. The court emphasized that the child had always spent more time at his mom’s house and that she was his primary source of emotional support and caregiving. The court also found that G.H. had formed strong bonds with his half-siblings and stepsiblings on his mother’s side.

Jessica was consistently involved in the child’s daily care, education, and extracurricular activities. The court found that Justin’s parenting time, though valuable, did not provide the same level of consistency and support.

The trial court granted Jessica’s request and denied Justin’s request to modify the parenting plan. The court’s decision prioritized maintaining the child’s educational stability and the close relationships within Jessica’s household.

Appellate Court’s Decision

On appeal, the Fourth District Appellate Court affirmed the trial court’s findings and ultimate decision. The appellate court emphasized the trial court’s broad discretion in making parenting time determinations and confirmed that the court had appropriately balanced the statutory best interest factors.

Practical Lessons for Co-Parents

The Jessica F. & Justin H. decision offers valuable guidance on the modification of parenting plans in Illinois:

• Substantial Change Must Be Meaningful: A parent seeking to modify parenting time should be prepared to demonstrate not just any change, but one that significantly impacts the child’s well-being. Moving to a new school district or substantial shifts in household dynamics can meet this threshold.
• Best Interests Analysis is Holistic: Courts will evaluate all statutory factors collectively. Success is unlikely if a parent focuses narrowly on a single issue, such as minor scheduling conflicts, without demonstrating broader benefits for the child.
• Demonstrated Involvement Matters: Parents who consistently engage in their child’s education, daily care, and emotional support are likely to be favored in best interest evaluations, especially when stability and continuity are key concerns.
• Cooperation is Critical: Courts look favorably on parents who support the child’s relationship with the other parent and can effectively communicate and collaborate. A parent’s refusal to facilitate contact with the other parent may weigh against them in modification proceedings.

Call a Family Law Attorney in Chicago for Help

Modifying a parenting plan in Illinois is not a simple process. Courts require a showing of changed circumstances and an evidence-based demonstration that the proposed changes serve the best interests of the child. The statutory factors outlined in the IMDMA serve as a roadmap for parents and practitioners to structure their arguments and present compelling evidence.

Parents who are considering seeking or opposing a modification of their Parental Allocation Judgment should consult an experienced family law attorney in Chicago sooner rather than later. The skilled lawyers at O. Long Law, LLC, can help you and your family adjust to life’s changes with limited disruption. Contact us today to schedule your consultation.