Family & Safety

Having parental responsibilities means making important decisions for a child and spending time with them. This used to be called "custody" and "visitation," but those terms are no longer used in Illinois.

Changed circumstances [/no-lexicon]

Sometimes circumstances change after a child’s parents either agree to a parenting plan or have a court-ordered plan.   

Examples of changed circumstances include:

• A parent remarries;
• A parent loses a job or has large, unexpected expenses; 
• The need to move more than 25 miles away; 
• A long-term illness or injury; 
• The child moves in with a different parent; 
• A different parent is making the day-to-day decisions about the child; or 
• The parents’ relationship with each other has changed – for the better or for the worse

Before you decide to change any parental responsibilities, make sure you understand how any changes will affect your parental duties.

When both parents agree

An agreement is when both parents understand and agree to all the changes to the parental responsibilities order. If parents agree, then they must file court papers to ask the judge to change parental responsibilities for it to be legal. They will be able to make changes more quickly than parents who do not agree but the court will always consider the best interest of the child in deciding whether to make changes to the parenting order.

When both parents do not agree

A parent can change their parental responsibilities even if the other parent doesn't agree by going to court and asking the judge to make the changes.  Unless the changes are small, the parent who wants the changes must prove to the judge that things have changed significantly. If the judge agrees that the changes would be in the child’s best interest, it is likely that they will approve the changes.

Timing

You can change parental responsibilities at any time if both parents agree to all the changes. If you don't agree on all changes, unless the child is in physical, emotional or psychological danger, you can’t go back to the court until 2 years after the original parental responsibilities order. 

Examples of danger to the child include:

• The child lives with a convicted sex offender; 
• The child was sexually abused; 
• The parent the child lives with is in jail and can’t care for the child; or 
• The child has social problems or falling grades at school because of their living situation

If there is a danger to the child, it is best to consult with a lawyer about getting an emergency custody order.

Changing parent time schedule

You can make changes to the parenting time (visitation) schedule at any time. You don’t have to wait for the 2-year period to end.