How do I modify my Parenting Agreement/Allocation Judgment?

December 12th, 2023 by Tiffany Hughes

At the outset of this article, it is important to note that in 2016, the statute governing child “custody,” also known as the Illinois Marriage and Dissolution of Marriage Act (IMDMA), was redrafted, and several changes were implemented to the section regarding the issues of parenting time and decision making with respect to minor children.

What does Illinois Law say about allocation of parental responsibility?

The allocation of parental responsibility is determined by the Court after weighing a number of a factors to best determine the child(ren)’s best interest. An exhaustive list of the factors the court will consider can be found in section 602.5(c) of IMDMA, however, some of these factors include (1) the wishes of the parents; (2) the wishes of the child, depending on the child’s age, maturity and education; (3) the child’s interaction with the parents; (4) the mental and physical health of all individuals involved; (5) each parents past involvement in the caring of and decision-making in the past; and (6) the needs of the specific child in question.  Each case is very fact specific, and if the parents of a minor child or children cannot agree, no one factor will determine this allocation; the Court is required to look at the totality of the circumstances prior to making a determination of the same.

When looking to modify an already existing Allocation Judgment (previously called parenting plans, custody agreements, etc.), with no agreement between the parties, a Petition must be filed by the Court.  However, please note, the requirements for modifying parenting time is different than the requirements for modifying decision making.  For example, decision making with respect to the minor child(ren) cannot be altered within two (2) years of the original Allocation Judgment being entered.  However, certainly there are emergency exceptions to this rule.  In general, decision-making responsibilities can be altered within the two-year period if a party presents evidence to the court that the environment in which the child is in may seriously endanger the child’s “mental, moral, or physical health of significantly impair the child’s emotional development.” 750 ILCS 5/610.5.

Orders allocating parenting time of the child or children can statutorily be modified at any time; however, the party seeking to modify parenting time still must show that there has been a substantial change in the circumstances that warrants a change to be made.  There is no set of facts that the Court is looking for to grant this change, however some examples that the Court has seen in the past include drastic changes in a child’s performance in school, changes in a parents  employment that will allow for more time to be spent with the child(ren), a parent relocating to live closer to the child(ren), etc.  Depending upon the facts of the case, modifying parental Allocation Judgments may be exceedingly complex. Contacting an experienced family law attorney, like the attorneys at our Firm, is the only way to ensure that the right steps are taken to make the process as smooth as possible for both you and your child(ren).

Contact The Law Office of Tiffany M. Hughes for more information

For more information on how the family law attorneys at The Law Office of Tiffany M. Hughes, P.C. can help you through the legal process of modifying your Allocation Judgment contact us to schedule your complimentary phone consultation today at 773-893-0228.

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