When Will a Judge Modify Parenting Time in Illinois?

 Posted on June 17, 2025 in Child Custody

Parenting time, commonly known as visitation, may need to change periodically to adequately reflect the evolving needs of your family. To modify a parenting time agreement, a judge needs to see that a significant change in your circumstances has occurred since your last parental responsibilities decree. The first step in petitioning the court for a modification of parenting time is to speak with a knowledgeable Wheaton, IL child custody attorney who can help you understand the reasons a judge may accept your request.

Timeline for Modification of Parenting Time in Illinois

In Illinois, at least two years must pass since the court ordered your parental responsibilities decree before you can try to change it. After two years, either parent is allowed to request a modification of parenting time. However, if it has been less than two years since your court order, the court may modify the agreement if waiting would endanger your child physically or emotionally. Additionally, modifications can be made early if both parents agree to the changes.

Common Reasons To Request a Change in Visitation

While there are no specific guidelines for what constitutes a significant change in your circumstances, there are some common reasons why people request parenting time modification in Illinois. Examples include:

• Relocation: If either you or your co-parent needs to move out of Illinois or a significant distance within the state, your existing parenting time schedule may not work under the new living circumstances.

• Changes in a work schedule: Job promotions and shift changes can impact your availability, requiring a change in your visitation schedule to ensure that you and your child still have the time together that you both need.

• Welfare concerns: If you suspect that your child’s other parent could be guilty of neglect, abuse, substance use, or any other activity that creates an unsafe environment, you can request a modification of their parenting time.

• Changing needs or preferences: As your child gets older, their emotional, social, and physical needs will change, which sometimes interferes with parenting time.

• Violation of the current order: If your co-parent consistently ignores the current parenting time schedule, you can ask the court to reevaluate the plan.

In Illinois, your child’s best interests are the court’s priority. If the judge feels that the current parenting plan does not reflect what is best for your child, they will likely modify it. First, they will consider factors like the relationship between the child and each parent, both parents’ ability to provide a stable environment, whether there is a history of abuse or violence in either home, and more. If your child is older, their preferences can also have a profound impact on the judge’s decision.

Schedule a Free Consultation With a Wheaton, IL Parenting Time Attorney

If your current parenting plan no longer reflects the reality of your schedule or what is best for your child, do not hesitate to contact a DuPage County, IL parental responsibilities lawyer at Davi Law Group to find out what you can do to change it. Every case is handled with careful consideration of its unique circumstances, and we can help you figure out what you need to modify your order. Call 630-657-5052, and we will schedule a free consultation to discuss your case.