Can You Get More Parenting Time After A Divorce In Illinois?
At the Law Office of Fedor Kozlov, our Chicago parenting time attorney often hears from parents who feel their current parenting schedule no longer reflects their child’s best interests. Life after divorce can change quickly. New jobs, school adjustments, and evolving child needs can make an existing parenting plan outdated or unworkable. Illinois law allows for modifying parenting time, but you must meet specific legal standards and follow the correct procedures. Understanding your rights and the process can help you secure more time with your child while protecting their well-being.
Understanding Parenting Time In Illinois
Parenting time refers to the time a parent spends with their child under a court-approved parenting plan. Under 750 ILCS 5/602.7, Illinois law prioritizes the child’s best interests when determining parenting time. Courts presume that it benefits children to have frequent, continuing contact with both parents, barring safety concerns or evidence that such contact is not in the child’s best interest.
When your divorce was finalized, the court approved a parenting plan outlining each parent’s schedule. To modify that plan and obtain more parenting time, you need to show that there has been a substantial change in circumstances since the original order was entered.
Grounds For Modifying Parenting Time
Illinois courts require evidence that modifying parenting time would serve the child’s best interests. Some common reasons for seeking increased time include:
- A significant change in your work schedule allowing for more availability.
- The other parent’s repeated failure to adhere to the current parenting schedule.
- The child’s expressed desire to spend more time with you depends on their age and maturity.
- Improvements in your living situation or ability to care for the child.
- Issues of neglect or unsafe conditions in the other parent’s home.
Under 750 ILCS 5/610.5, you may request a modification at any time if the child’s present environment may seriously endanger their physical, mental, or emotional health. Otherwise, modifications typically require a substantial change in circumstances occurring at least two years after the original order, unless both parents agree to changes sooner.
The Role Of Illinois Spousal Maintenance Law
While parenting time is governed primarily by child custody statutes, changes in spousal maintenance can impact your ability to provide a stable home and more time for your child. Under 750 ILCS 5/504, maintenance may be modified if there is a substantial change in circumstances, such as changes in income or employment. A successful modification of maintenance may improve your financial situation, strengthen your petition for increased parenting time, and demonstrate your ability to meet your child’s needs.
How To Petition For More Parenting Time
To request a modification, you must file a petition with the court outlining the changes in circumstances and explaining why more time with you serves the child’s best interests. Evidence may include:
- Work schedules and availability.
- Testimony from teachers, caregivers, or counselors.
- Records of the other parent’s failure to comply with the parenting plan.
- Documentation of improved living arrangements or financial stability.
The court will evaluate several factors under 750 ILCS 5/602.7, including:
- The wishes of the child.
- The child’s adjustment to home, school, and community.
- The mental and physical health of all parties.
- Each parent’s willingness to encourage a relationship with the other parent.
Courts are most likely to grant more parenting time when you can show it benefits the child’s health, education, and emotional development.
Frequently Asked Questions About Modifying Parenting Time In Illinois
What Counts As A Substantial Change In Circumstances?
Changes such as new employment hours, relocation, improved housing, or concerns about the other parent’s care can qualify. Courts review each case individually to determine if the change is significant enough to justify a modification.
Can My Child Decide To Spend More Time With Me?
The court may consider the child’s wishes, especially if they are mature enough to express a reasoned preference, but the child’s choice is not the only factor. The court must ensure that any change serves their best interests.
How Long Do I Have To Wait To Request A Modification?
Unless the child’s safety is at risk, you typically must wait two years from the last parenting order to request a change. However, if both parents agree or there are urgent circumstances, you may file sooner under 750 ILCS 5/610.5.
Will Modifying Spousal Maintenance Help My Parenting Time Case?
Potentially, yes. If a modification of maintenance under 750 ILCS 5/504 improves your financial situation, you may demonstrate a greater ability to care for your child and provide a stable home, strengthening your case for more parenting time.
What Evidence Should I Gather To Support My Petition?
Documentation showing your availability, safe and stable living conditions, and proof that increased time benefits your child is essential. Witness testimony, schedules, and reports from professionals can also help.
Can Parenting Time Be Reduced For The Other Parent If They Violate The Current Order?
Yes. If the other parent repeatedly fails to follow the parenting plan, you can petition the court to modify the schedule, which may result in you receiving more time with your child.
Call The Law Office Of Fedor Kozlov To Discuss Parenting Time Modifications
If your current parenting schedule is no longer in your child’s best interests, you don’t have to face this challenge alone. At the Law Office of Fedor Kozlov, our Chicago parenting time attorney fights for parents in Schaumburg and throughout Chicago who want more time with their children. Our Chicago parenting time attorney knows how to build strong petitions, present compelling evidence, and protect your legal rights in all Illinois courts.
Contact our Chicago divorce attorney at (847) 241-1299 for exceptional legal assistance and to schedule a consultation. Let our Chicago parenting time attorney help you pursue a parenting plan that gives you the meaningful time with your child that you both deserve.
