Illinois Parenting-Time Modification After Reynolds v. Reynolds

What the Illinois Supreme Court decided

On September 24, 2026, the Illinois Supreme Court decided Reynolds v. Reynolds, 2026 IL 132627. The question was whether a parent asking to modify parenting time only had to prove the substantial change in circumstances described in section 610.5(c), or the changed circumstances standard in section 610.5(a).

The Court held that subsection (a) controls that request. A parent must show changed circumstances that make the proposed modification necessary to serve the child's best interests. The Court did not remove the best-interests requirement or promise more parenting time whenever a parent asks. See the opinion at paragraphs 2, 40 and 49.

For parents considering a filing in Chicago or elsewhere in Illinois, the practical first step is to describe precisely what the requested order would change. The word “custody” can hide several separate legal questions.

A schedule change and a decision-making change require different analysis

Read the full statute with the requested relief in mind. The opinion explains the difference between parenting time and decision-making at paragraphs 39–42. A request changing both should not be treated as though the parenting-time-only holding automatically resolves every issue.

Do parents have to wait two years to change parenting time?

For the parenting-time-only modification addressed in Reynolds, subsection (a) does not impose the two-year timing restriction that applies to certain requests about significant decision-making. Paragraph 40 explains that a parent seeking to modify parenting time need not first obtain leave to file on that basis.

This does not mean an immediate hearing, an automatic schedule change or permission to ignore court procedures. The existing order, the precise relief requested, service and notice requirements, and any restrictions still matter. Bring the complete order to the attorney, including attached parenting plans and later modifications.

Changed circumstances are only part of the case

The Court sent the case back for further proceedings. It directed the trial court to consider whether the demonstrated changes made a parenting-time modification necessary for the children's best interests. That direction appears at paragraph 47; the Supreme Court did not itself enter a new weekly schedule.

For a consultation, organize the changes and their practical effects. A new work arrangement, school routine or transportation situation should be explained in terms of the child's daily experience. What would the proposed schedule improve? How would exchanges work? What effect would it have on school, sleep, care arrangements and the child's relationships? These are preparation questions, not a checklist that guarantees a result.

Use complete records and a dated timeline. A proposed calendar can help separate the change you want from the reasons you think it benefits the child. Be prepared to identify facts the other parent disputes.

What if an older article says every change must be substantial?

The Supreme Court addressed disagreement among the appellate courts and overruled In re Marriage of Trapkus to the extent it conflicts with the Reynolds decision. See paragraphs 43–44 of the official opinion. A broad statement that every parenting-time modification requires a substantial change misses the distinction the Court has now made.

That does not mean all older decisions or the rest of section 610.5 no longer matter. Nor does a new opinion automatically reopen a concluded case or replace an existing parenting order. If you have a pending motion, an earlier ruling or an approaching deadline, ask counsel to assess how the decision fits that procedural posture.

Prepare for a parenting-time modification consultation

1. Bring the complete order. Include the allocation judgment, parenting plan and later orders.
2. Define the proposed change. Mark the schedule changes and identify any request about decision-making or restrictions separately.
3. Explain what changed. Use dates and supporting records instead of a general statement that the arrangement is unfair.
4. Connect the proposal to the child. Prepare a realistic calendar and explain school, transportation, care and exchange arrangements.
5. Identify pending proceedings. Bring petitions, responses and hearing notices, including any enforcement or protection-order matter.

Our Chicago parenting-plan modification service addresses existing orders and proposed changes. The general guide to when a parenting plan may be modified provides broader background. For a first parenting order after establishing parentage, see the VAP and parenting-time guide.

To discuss representation, request a free initial hiring consultation with Chicago Family Attorneys or call 312-965-5618. The scope and cost of any legal work are agreed separately.

Source and scope

This article explains the Illinois Supreme Court's September 24, 2026 Reynolds opinion, particularly paragraphs 39–49, and links to section 610.5. The court's opinion listing described the decision as a slip opinion when checked on October 10, 2026. Use the current official opinion and applicable court rules when preparing a filing.