Some parents work cooperatively at the end of their relationship to establish a parenting plan that truly considers their family’s needs. Others have to go to family court because they can’t agree on what is appropriate and fair for their families.
Whether a judge makes the decision of how to divide parental rights and responsibilities or approves terms proposed by the parents, parents generally have to uphold an order authorized by the courts. The allocation of parental rights and responsibilities may address parenting time and also decision-making authority for the parents.
Occasionally, parents determine that the plan they have established does not work well for the family or uphold the best interests of their children. They must go back to court to modify the current division of parental rights and responsibilities.
When is a formal modification a realistic option for parents in Illinois?
Whenever parents agree on changes
Uncontested modifications are an option essentially anytime. Parents who agree on the exact changes necessary to make their co-parenting arrangements work for their families can propose an uncontested modification whenever one becomes necessary. They can submit documents to the family courts for review and approval with few challenges or restrictions.
When sufficient time has transpired
Many modifications are contested or litigated proceedings. One parent believes that a change is necessary, while the other may accept the current situation or may disagree about what changes are necessary for optimal co-parenting. In cases involving contested or litigated modification requests, Illinois state statutes generally require that parents wait at least two years from the date the previous order took effect.
When there is a safety-critical emergency
There is an exception to the rule that requires that parents wait two years to initiate a contested modification. In scenarios where the child’s safety could be at risk due to abuse, neglect or other dangerous circumstances, a modification may be an option even if it has only been a few weeks since the last hearing in family court.
Anyone attempting to modify an order on the basis of a child’s safety needs documentation affirming that the situation is serious enough to warrant immediate review and revision of the established plan. Parents can ask the courts for immediate intervention when their children’s safety could be at risk.
Especially in contested modification scenarios, parents often need help putting together their paperwork and supporting a claim that certain changes are in the best interests of their children. Learning more about Illinois modifications can be beneficial for parents concerned about the safety and happiness of their kids.
