Can Parenting Time Be Modified After My Divorce in Illinois?

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Can Parenting Time Be Modified After My Divorce in Illinois?

Elgin Divorce Attorneys Assisting with the Modification of Visitation Rights

Parenting time (formerly known as visitation) and child support after a divorce are always modifiable based on a significant change in your situation. Allow us at Pucci Pirtle to explain the process of modification.

There were major changes to Illinois family law in 2016. The terms of “custody” and “visitation” are being phased out in exchange for the preferred terms of “parenting time” and “parental responsibilities.” In the past, the court would sometimes grant sole or joint custody for parents. Now, instead of all of the decisions falling under one parent (or potentially both shared), the courts will determine which parent is responsible for each subject. Subjects such as the child’s education, health treatment, choice of extracurricular activities, and what the religious upbringing of the child will be are some examples.

The court will allow a modification as long as there has been a substantial change of circumstances and it serves the child’s best interest. If it has been less than two years since the initial order or last change, it can be very difficult to be granted that modification. If it has been more than two years, the burden on the one requesting it is lessened. In order to best initiate this process, you should retain counsel that understands that being accustomed to the court where your modification will be heard is critical. If they do not have a familiarity with this factor, your case may be compromised.

Contact Our Elgin IL Divorce Lawyers

Our team at Pucci Pirtle is available to answer any questions that you may have regarding parenting time or post-divorce modifications. We help clients from Kane, DuPage, and McHenry Counties in a number of different neighboring cities. If you would like to contact us and set up a free consultation, you can reach our office in St. Charles at 630-945-8807, our Elgin facility at 847-426-1866, or lastly, our Algonquin location at 224-249-3200. We look forward to hearing from you.

Kane County Bar Association Illinois State Bar Association McHenry County Bar Association



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