Can I Modify My "Parenting Plan" in Illinois After My Divorce Is Final?

 Posted on July 26, 2025 in Allocation of Parental Responsibilities

A divorce may legally end a marriage, but for parents, much of the real work remains after the final divorce judgment. Often, a "parenting plan" that worked at the time of the divorce may no longer make sense months or years later. 

Fortunately, Illinois law recognizes that families grow and change, and that post-decree modifications are sometimes necessary. If your "parenting plan" entered into when you were divorced no longer works for your family, our Hillside, IL family law attorney can help you understand your options for modifying it.

When Can I Request a "Parenting Plan" Modification in Illinois?

In Illinois, you can request a modification, or change, to your "parenting plan" once it has been in place for at least two years. However, courts may allow earlier changes in some situations, if the modification is necessary to protect a child's physical, mental, or emotional health. 

To modify a "parenting plan" at any time, you must show that there has been a significant change in circumstances, in keeping with 750 ILCS 5/610.5. This could involve:

• A parent’s relocation;

• Changes in a child's educational or medical needs;

• A parent’s new work schedule; or,

• Issues such as ongoing conflict, noncompliance, or safety concerns.

Even if both parents agree to the change, it still needs court approval to become enforceable.

How Do I Start the "Parenting Plan" Modification Process?

The first step in the process is filing a petition to modify the "parenting plan" with the court that issued your original divorce judgment. If you and your child’s other parent agree to the changes, you can file a joint petition. This approach will usually make the modification process move faster, and will involve fewer court appearances. However, if the other parent objects to changes, the court will need to schedule a hearing to determine whether the modifications you seek are appropriate.

At such a hearing, you would need to be prepared to explain what has changed since the original plan was entered, and why the new arrangement would better serve your child. The judge may examine the child’s current needs, the parents’ ability to cooperate, the child’s wishes, and whether the proposed changes maintain stability.

The court may also consider local school changes or community ties when evaluating what is best for the child. This is especially relevant if the requested change would involve a relocation across school districts or county lines.

What If My Ex Ignores Our Current "Parenting Plan"?

If the other parent does not follow the existing "parenting plan", such as by refusing to allow scheduled parenting time, you have the right to ask the court to enforce the plan, or to modify it to reflect the actual parenting arrangement. Courts take violations of parenting agreements seriously, and may impose consequences if the other parent refuses to follow the terms.

Do I Need a Lawyer to Modify a "Parenting Plan" in Illinois?

Although you are not required to have a lawyer, modifying a "parenting plan" involves following certain strict procedures, and meeting certain legal standards. Mistakes in the process, or failure to present sufficient evidence, could mean that a decision on your request may be unnecessarily delayed, or even denied. A knowledgeable family law attorney can help you understand your options, gather the necessary documentation, and present a strong case on your behalf.

Contact an Oak Park, IL "Parenting Plan" Modification Lawyer

If you are considering changing your parenting arrangement, contact a Hillside, IL family law attorney at the Law Office of Vincent C. Machroli, P.C. to discuss your situation. We offer no-charge legal consultations, and are dedicated to offering parents quality representation. Call 708-449-7404 today to learn how we can help  protect your parental rights, as well as support your child’s needs.