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Modifying an Illinois Parenting Plan

 Posted on January 29, 2018 in Child Custody

Naperville family lawyerWhen a married couple with children divorces, they must negotiate and come to an agreement about child custody and parenting time. This negotiation can happen outside of a courtroom during mediation or through private conversation between the couples. If the couples cannot agree upon a parenting plan, they may need to argue their individual cases in court with the help of family law attorneys. If the parents or other parties in a custody dispute resolve the issues related to parental responsibilities (child custody) and parenting time (visitation), the couple's decisions are finalized in a written agreement. This agreement may be referred to as a settlement agreement, custody agreement, or parenting agreement.

One thing that is certain in life is change. Although divorce decisions are final, some may need to be modified and amended as time passes.

Changes in Custody

A parenting agreement usually includes provisions regarding where the child will live, visitation/parenting time schedules, who will be involved in major life decisions regarding the child, holiday/birthdays schedule, how grandparents or other friends and family will interact with the child, and how disputes about the parenting agreement will be handled. Some parents request that a parenting plan be altered because of changes in life circumstances or for personal reasons. Other times, a couple requests modification because they need to change the primary residence of the child from one parent to another or a significant change in parenting time and custody has taken place.

Requesting a Modification

If a parent wishes to modify a parenting plan, he or she will need a judge’s approval. The parent requesting the adjustment must file a petition for modifying the parenting plan with their family court. They then serve the other parent with a petition and a notice of a court hearing to determine if there is just cause for the modification. At this hearing the parents will present their cases to the family court judge. The judge will review the suggested modifications and decide if they will help or harm the child. If the modified parenting plan is more beneficial to the child’s well-being than the existing parenting plan which was agreed upon previously, the modifications will be granted. If the judge believes that the modifications will hurt the child more than help, they will not be granted.

Let Us Help

To most parents, their children are the most important people in their lives. At Pesce Law Group, P.C., we work with parents to help them come to an agreement about child custody-related concerns which is in the best interest of the child. Contact an experienced Naperville family law attorney to discuss your options. Call 630-352-2240 for a confidential consultation today.


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