Can I Modify Child Parenting Plan Arrangements After My Divorce?

 Posted on January 08, 2026 in Family Law

Life keeps moving after divorce. You might switch jobs, one parent may need to move to a new city, and no matter what, your children continue to grow and change.

When these life changes happen, you may find that your parenting plan no longer fits your family's needs. If you are wondering if you can adjust your parenting arrangement in 2026, a DuPage County child custody lawyer can help you understand Illinois modification laws and help you plan your next steps.

What Parts of a Parenting Plan Can Be Changed?

Illinois law divides parenting plans into two main parts:

• The "allocation of parental responsibilities" covers who makes important decisions about your child's education, health care, religion, and other activities. Before, this was called "legal custody." 

• "Parenting time" is the schedule when your child stays with each parent. This used to be called "visitation." 

You can ask the court to modify either or both of these parts of your plan.

How Soon Can I Change My Parenting Plan After Divorce in Illinois?

The rules for modifications depend on which part of your parenting plan you want to change:

Changing Parental Responsibilities

Per Illinois law 750 ILCS 5/610.5, courts usually make you wait two years after your divorce is finalized before changing parental responsibilities. They also usually make you wait two years after the last modification.

This waiting period exists because children benefit from stable routines. However, you can ask for changes sooner if you can show the court that your child's physical health, emotional well-being, or safety is at serious risk in their current situation.

Changing Parenting Time

The rules for adjusting parenting time schedules are much more flexible. You can request changes to when your child spends time with each parent at any point after your divorce. Courts recognize that schedules often need adjustments as children do things like start new schools or join sports teams.

What Reasons Will Illinois Courts Accept for Modifying a Parenting Plan?

After the two-year waiting period passes, you can request changes to parental responsibilities if you show that the situation has changed enough and that the modification serves your child's best interests. Courts consider many types of changes serious enough to warrant a modification:

Changes in Living Conditions

Either parent moving to a new home or changing their living situation may justify a modification. Changes might include a parent moving in with a new partner, moving to a different school district, or experiencing changes in their home that impact the child's daily life.

Work Schedule Changes

When a parent's job changes, parenting time may need to change too. A parent who starts working night shifts, travels often for work, or loses their job may no longer be able to follow the original schedule. On the other hand, a parent who gets more flexible hours might be able to spend more time with their children.

Children's Changing Needs

Children's needs change as they move from elementary school to middle school to high school. A teenager may need more time for homework, sports, or after-school activities. A child may develop health issues that need ongoing medical care. These changing needs can make your original parenting plan unworkable.

Changes in Parental Relationships

A relationship between a parent and child that improves or gets worse over time may affect custody arrangements. Parents whose relationship with a child has improved may request more parenting time. On the flip side, if a child consistently refuses to visit one parent or shows signs of distress, the court may need to review the arrangement.

What is the "Best Interests Standard?"

Illinois law requires that your parenting plan serve your child's best interests. The "best interests standard" is the legal standard judges use to determine the allocation of parental responsibilities. Judges look at several things when reviewing modification requests:

• How well your child has adjusted to their home, school, and community

• The quality of the relationship between your child and each parent

• The mental and physical health of everyone involved

• How willing parents are to work together, and whether suggested changes keep conflict to a minimum during child exchanges

Can Parents Agree to Change Their Parenting Plan Without Illinois Court Approval?

Even when both parents agree that changes should be made, the court must review and approve the modification. This protects children from arrangements that might not serve their best interests. Modifications are easier when both parents cooperate, though.

If you and your child's other parent can agree on changes, you can submit a proposed agreed order to the court. The judge will still need to approve the proposed agreement to ensure it benefits your child before making it official.

What Happens When Only One Parent Wants Changes?

When parents can't agree on modifications, the parent requesting changes must prove their case in court. This process often requires presenting evidence through documents, witnesses, and, sometimes, evaluations by mental health professionals. The court may choose a guardian ad litem or child representative to investigate and make recommendations to aid the court.

Courts may also order that child custody evaluations be done by mental health professionals, who can assess family dynamics and make recommendations based on what they find.

Connect with a DuPage County Family Law Lawyer Today

Changing your parenting plan can be difficult without legal guidance. Whether you and your child's other parent agree on modifications or not, understanding Illinois law helps protect your rights and your child's well-being. The Wheaton, IL child custody attorneys at Mirabella, Kincaid, Frederick & Mirabella, LLC have helped many families navigate parenting plan modifications. We serve clients throughout the Chicago suburbs from our offices located in DuPage, Kane, and DeKalb Counties, Contact our attorneys at 630-665-7300 today to schedule your initial attorney meeting.