Calabrese Associates, P.C.

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4200 Cantera Drive, Suite 200 | Warrenville, IL 60555

Change of Circumstances Allows Immediate Modification to Parenting TimeWhen former spouses determine parenting time during a divorce, they are creating a schedule that works best at that moment. The needs of children and parents change as they get older. So, it is natural that a parenting time schedule will need to change at some point. A court must approve any modifications to a written parenting time agreement for them to be legal. The difficulty of the process may depend on: 

  • How significant the changes are;
  • How much time has passed since the agreement was created; and
  • Whether both parents agree to the changes.

New Laws

If your parenting time agreement was approved before 2016, you may hear unfamiliar terms when you return to court to modify it. For instance, your parenting time schedule may have been called a visitation schedule. Illinois enacted new divorce laws in 2016, and the new terms reflect a change in philosophy for creating parenting agreements. Parents are allocated responsibilities instead of being granted custody, and parenting time is one of the primary responsibilities. The language in your visitation agreement may be out-of-date, but the agreement can still conform to the law. As long as the court is satisfied that the agreement is in the child’s best interest, you may be able to preserve the parts that you do not want to change.

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