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Can Parental Responsibilities Be Modified in Illinois?

St. Charles family law attorneyDuring a divorce, parents may develop  a parenting plan that is beneficial for both themselves and their children. Although these plans are often created with much thought and detail, changes can occur that may require a modification. Updated schedules, unexpected relocations, and the children's education or extracurricular activities could cause issues to arise. Depending on the reasons behind the potential adjustment, as well as the agreement of both parents, a court may approve a modification request. Ultimately, the court will make a decision that is in the best interest of the involved children.

What Should Parents Consider Before Deciding Responsibilities?

Aspects of a person's life may change significantly after a divorce is final. For parents that are getting divorced, it is important to reach mutual agreements on key factors that will affect your future and that of your children. For example, the distance between each parent’s residences is a topic that may lead to significant difficulties if either parent wishes to find a new place to live. Although a new residence may work better for one parent, it might not be compatible with the children's school schedule. Furthermore, children may have difficulties adjusting to a new community. The wishes of each parent and the child (as appropriate) should be considered before a parenting plan is finalized.    

Modification Limitations

For children going through a divorce, having a relationship with both parents could be in their best interest. Creating a stable environment for children can help foster their growth and development. According to the Illinois Marriage and Dissolution Marriage Act, unless the children's well-being is at risk, an adjustment will not usually be made within the first two years of the original agreement.

Exceptions to the Rule

In Illinois, a judge can approve a modification at any point if both parents agree to the change. If one parent does not agree to the modification, the court must be provided with proof that a significant change has occurred. If it can be determined that the well-being of the children is at risk, the court may make an adjustment at any time. In addition, a modification can be approved if:

  • The change is deemed to be minor.
  • New evidence is provided that would have affected the original parenting plan.
  • The proposed change has been in effect for at least six months and has not caused any issue.

Contact a St. Charles Family Law Attorney

If your parental responsibilities are no longer sustainable, it is possible to have modifications enacted. Although the legal procedure may seem complicated, the knowledgeable team at Weiler & Lengle, P.C. can help you throughout the process. A judge may approve a proposed change if the children's best interests would be served by the change. To speak with one of our experienced Kane County family law attorneys, contact our office at 630-382-8050. 

 

Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+VI&ActID=2086&ChapterID=59&SeqStart=8350000&SeqEnd=10200000

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