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Modify a Parenting Plan in Illinois

Navigating a child custody agreement can be one of the most emotionally charged and legally complex aspects of family law in Illinois . While your original parenting plan may have made sense when it was first entered, life rarely stands still. Work schedules shift, children grow and develop new needs, and sometimes one parent fails to follow the agreed-upon terms. When those circumstances arise, Illinois law allows parents to seek a modification of their existing parenting agreement.

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Changing a Parenting Plan in Illinois

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September 2026 update: parenting-time changes after Reynolds

In Reynolds v. Reynolds, 2026 IL 132627, the Illinois Supreme Court held that a request to modify parenting time only is governed by section 610.5(a): changed circumstances must make the modification necessary to serve the child’s best interests. The substantial-change standard in subsection (c) does not govern that parenting-time-only request. Decision-making and restriction requests require separate analysis. The ruling does not itself change an existing order.

Read what Reynolds means for an Illinois parenting-time modification, including the distinction between a schedule change and a change to significant decision-making.

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Aaron Korson
May 28, 2025
17 min read

Updated: Sep 4

How to Know When It’s Time to Modify Your Illinois Parenting Plan and What Steps to Take

A child holding an adult’s hand.

Navigating a child custody agreement can be one of the most emotionally charged and legally complex aspects of family law in Illinois. While your original parenting plan may have made sense when it was first entered, life rarely stands still. Work schedules shift, children grow and develop new needs, and sometimes one parent fails to follow the agreed-upon terms. When those circumstances arise, Illinois law allows parents to seek a modification of their existing parenting agreement.

If you're a parent in Chicago or in Cook, DuPage, Lake or Will County, and you're wondering whether it's time to modify your parenting plan or custody schedule, you're not alone. At Chicago Family Attorneys, we regularly assist mothers and fathers in pursuing custody modifications that reflect their child’s evolving needs and protect their parental rights.

This guide explains how the requested change affects the modification standard. Parenting-time-only requests, changes to significant decision-making and requests involving restrictions should be evaluated separately. The Illinois Supreme Court’s September 2026 Reynolds decision clarifies the standard for parenting time.

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What Is a Parenting Agreement in Illinois?

In Illinois, a parenting agreement, formally known as an Allocation Judgment, is a legally binding document approved by the court that governs how divorced or separated parents will share parenting time and responsibilities. This agreement is a critical component of any custody case and plays a central role in ensuring that both parents understand their rights, obligations, and roles in their child's life after the relationship ends.

Parenting agreements are required in cases involving minor children and are guided by the principles outlined in the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/600 et seq.). They are designed to prioritize the best interests of the child, promote consistency, and minimize conflict between parents.

A comprehensive parenting agreement in Illinois typically addresses the following:

1. Allocation of Parental Responsibilities

This includes who has the authority to make significant decisions about the child's:

  • Education (choice of schools, tutoring, etc.)

  • Healthcare (medical, dental, psychological treatment)

  • Religious upbringing

  • Extracurricular activities (sports, clubs, music lessons)

These responsibilities may be shared jointly or assigned solely to one parent, depending on the circumstances and what serves the child best.

2. Parenting Time Schedule

Formerly referred to as “visitation,” this section sets out:

  • The specific days and times each parent will have the child

  • Holiday and vacation schedules

  • How transitions between households will occur

  • Provisions for makeup parenting time, if needed

The goal is to create a predictable, child-centered routine that supports emotional stability.

3. Transportation and Communication Protocols

A well-drafted parenting plan also clarifies:

  • Which parent is responsible for pick-ups and drop-offs

  • How parents will communicate about the child’s well-being

  • How the child may communicate with the non-custodial parent (phone, video calls, etc.)


4. Dispute Resolution Methods

To reduce the likelihood of returning to court for every disagreement, parenting agreements often include methods for resolving conflicts, such as:

  • Mediation requirements

  • Use of a parenting coordinator

  • Written notice periods for proposed changes

Once finalized and entered by the court, the parenting agreement becomes a court order enforceable by law. That means failure to comply can result in legal consequences, including contempt proceedings.

However, as children grow and family dynamics evolve, even the most carefully crafted parenting agreement may become outdated or impractical. Illinois family law recognizes this reality. When circumstances change significantly, one or both parents may have grounds to file a motion to modify the parenting agreement, so the plan continues to serve the best interests of the child.

At Chicago Family Attorneys, we help parents evaluate whether a modification is appropriate and guide them through the legal steps to amend their court-approved parenting plan. Whether you are dealing with an uncooperative co-parent, a child’s changing needs, or a relocation issue, we can help you protect your rights and preserve your relationship with your child.

Legal Grounds for Modifying a Parenting Agreement in Illinois

Illinois law provides a process to request changes to an existing parenting plan or allocation judgment. Section 610.5 supplies different requirements and exceptions depending on what the proposed order would change. A parenting-time-only request uses the changed-circumstances standard in subsection (a), as clarified by Reynolds v. Reynolds, 2026 IL 132627.

Whether you’re looking to adjust your parenting time schedule or change who makes decisions for your child, it’s essential to understand what the courts require before granting a modification. Below, we break down the two primary types of parenting modifications and the circumstances under which they may be granted.

Parenting Time Modifications (Visitation Adjustments)

Parenting time refers to the schedule that outlines when each parent has physical custody of the child. Section 610.5 provides changed-circumstances requirements, parental-agreement modifications and specified pathways that do not require changed circumstances.

Common Grounds for Modifying Parenting Time:

  • Work schedule changes that make the original parenting plan unmanageable

  • Consistent missed parenting time by the other parent or interference with your time

  • Child’s changing needs due to age, school activities, or health

  • Relocation of one parent (especially if moving more than 25 miles away from the child's primary residence in Cook, DuPage, Kane, Lake, McHenry, or Will County)

  • Introduction of a new partner or household conditions that impact the child's well-being

  • Desire for more equal parenting time, particularly when the child has formed a stronger bond with the requesting parent

These requests must be well-documented and supported with evidence that demonstrates how the current arrangement no longer supports the child’s physical, emotional, or developmental needs.

Important Note: Unlike decision-making authority, there is no two-year waiting period to modify parenting time. This makes it a more accessible option for parents experiencing immediate disruptions or compliance issues.

Parental Responsibility Modifications (Decision-Making Authority)

Parental responsibilities involve decision-making in key areas of a child’s life, including education, healthcare, religion, and extracurricular activities. Modifying this part of your parenting agreement is more complex than changing the schedule.

Section 610.5(a) generally bars decision-making modification motions within two years, subject to party stipulation, Section 603.10 and the statutory affidavit exception. The affidavit exception concerns reason to believe the child's present environment may seriously endanger mental, moral or physical health or significantly impair emotional development.

After the two-year threshold, courts will consider a modification if you can show:

  • A substantial change in circumstances under the requirements of section 610.5(c), when that subsection applies to the requested decision-making modification.

  • That the proposed change is in the best interest of the child

  • Whether an agreed modification or another specified statutory exception applies.

Examples of When a Modification May Be Appropriate:

  • One parent is consistently excluding the other from important decisions

  • Disputes over schooling or healthcare that negatively affect the child

  • A significant decline in a parent’s mental health, substance abuse, or engagement

  • One parent has moved or become unavailable, rendering joint decision-making ineffective

Illinois courts do not make these decisions lightly. You’ll need persuasive evidence and a clear explanation of why the proposed change better serves your child’s welfare.

Why Legal Representation Matters For Modifying An Allocation Agreement

Modifying a parenting agreement isn’t just about filling out forms, it’s about navigating Illinois family law with precision and foresight. Whether you're seeking more time with your child, trying to protect them from a harmful environment, or addressing non-compliance from the other parent, the child custody attorneys at Chicago Family Attorneys can help you build a strong, evidence-backed case.

We serve clients throughout Chicago and Cook, DuPage, Lake and Will Counties, and we review the local court procedures and family circumstances in each case. Our goal is to help you secure a parenting plan that reflects your child’s evolving needs and your role as an engaged, responsible parent.

Which Change-in-Circumstances Standard Applies?

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When seeking to modify a parenting agreement in Illinois, courts will not grant changes lightly. Section 610.5 provides changed-circumstances requirements, parental-agreement modifications and specified pathways that do not require changed circumstances.

The required showing depends on the requested relief. Parenting time only is governed by section 610.5(a) and Reynolds; a change to decision-making may be governed by subsection (c). Agreed modifications and specified exceptions can provide other routes. Explain the facts and the effect of the proposed change on the child.

For parenting time only, changed circumstances must make the requested modification necessary for the child’s best interests. A decision-making modification governed by section 610.5(c) uses its substantial-change standard. The examples below identify issues to discuss with counsel; none guarantees a modification.

Examples of Changes to Discuss With Counsel

1. Relocation of a Parent (Moving Over 25 Miles)

If one parent wishes to relocate more than 25 miles from the child’s primary residence in the Chicago metropolitan area, it may trigger a need to revise the parenting schedule or even decision-making authority. Section 609.2 permits relocation without further court action when the other parent signs the statutory notice and the relocating parent files it with the court. A petition for permission is required if the notice is unsigned, the other parent objects, or the parents cannot agree on parenting-plan changes.

2. Failure to Comply With the Existing Parenting Agreement

Repeated violations of the parenting plan, such as failing to exchange the child on time, withholding communication, or refusing to follow the decision-making provisions, can form the basis for modification. Courts take non-compliance seriously, especially when it interferes with the child’s routine or damages the co-parenting relationship.

3. Work Schedule Changes or New Employment

A change in employment status or work hours can disrupt a parent’s ability to adhere to the current parenting schedule. For example, if one parent begins working night shifts, travels frequently for business, or transitions from part-time to full-time employment, the existing plan may no longer meet the child’s daily needs. In these cases, courts often consider adjustments to better reflect each parent’s availability.

4. The Child’s Age, Educational Needs, or Health Concerns

Children’s developmental and educational needs evolve. A plan that worked well for a toddler may be unsuitable for a school-aged child involved in sports or extracurricular activities. Similarly, if a child develops health issues requiring specialized care or therapy, the court may find that a different parenting arrangement would better support the child’s needs.

5. Allegations or Evidence of Abuse, Neglect, or Substance Abuse

Under Section 603.10, protective restrictions require a hearing and proof by a preponderance that conduct seriously endangered the child's mental, moral or physical health. Conduct that significantly impaired the child's emotional development also meets the statutory harm test. When the standard is met, necessary protective orders may include supervision, reduction or elimination of parenting time.

6. Breakdown of Co-Parenting Communication or Support

When one parent actively undermines the child’s relationship with the other parent, refusing to share important information, making unilateral decisions, or speaking negatively about the other parent to the child can serve as grounds for a modification. Illinois courts emphasize the importance of cooperative parenting and may intervene when one parent consistently fails to facilitate a healthy co-parenting dynamic.

Why This Matters in Illinois Parenting Modification Cases

A modification request needs facts supporting the applicable legal standard. For a parenting-time-only request, Reynolds rejects a universal substantial-change requirement. Organize records showing what changed and why the proposed arrangement would serve the child’s best interests. Matters to discuss include:

  • Ongoing and not temporary

  • Significant enough to impact the child’s welfare

  • Not caused by the petitioning parent’s voluntary actions (e.g., quitting a job to reduce parenting obligations)

Even if both parents agree informally to a different arrangement, only a court-approved modification is legally enforceable in Illinois. That’s why it’s critical to work with a knowledgeable family law attorney who can help you frame your situation in a way that meets legal thresholds and reflects your child’s evolving best interests.

Need Help Evaluating a Parenting-Plan Change?

At Chicago Family Attorneys, we understand what Illinois judges look for when reviewing motions to modify parenting agreements. We help parents gather the necessary documentation, present strong legal arguments, and ensure that the proposed changes align with Illinois custody laws and the best interests of the child.

If your parenting agreement no longer works due to relocation, work changes, non-compliance, or concerns about your child’s safety, we can help you file a motion to modify custody or parenting time in Cook, DuPage, Lake or Will County.

Call us today at 312-965-5618 or schedule your consultation online to discuss your case and explore your legal options. Your child deserves a parenting plan that works in the real world, let our attorneys help you.

Filing a Parenting Time Modification in Cook County, Illinois

If your current parenting time schedule no longer works or is no longer in your child’s best interest, Illinois law gives you the right to request a modification. However, the legal process for modifying parenting time is governed by strict rules and procedural steps, especially in Cook County, where the volume of family law cases is high and the court system is uniquely structured.

At Chicago Family Attorneys, we regularly represent parents seeking to modify custody or visitation schedules throughout Chicago and the surrounding Cook County court districts. Whether you’re dealing with a noncompliant co-parent, evolving work demands, or a child whose needs have changed significantly, we can help you file a motion effectively and in compliance with local Cook County rules.

Where Parenting Cases Are Heard in Cook County

Cook County is the largest judicial circuit in Illinois, and child custody matters are typically heard in the Domestic Relations Division of the Circuit Court of Cook County. Most parenting modification motions are filed at one of the following locations:

  • The Richard J. Daley Center (50 W. Washington St., Chicago), Main courthouse for domestic relations cases

  • District Courthouses in Skokie, Rolling Meadows, Maywood, Bridgeview, and Markham, These suburban locations handle cases based on where the parties reside

Each courthouse has specific filing procedures, courtroom assignments, and case management practices, so working with a local attorney who understands these intricacies can significantly affect the efficiency and outcome of your case.

Legal Steps to Modify Parenting Time in Cook County

Here is an overview of the steps involved when filing a motion to modify parenting time in Cook County:

1. Draft and File a Motion to Modify Parenting Plan

Prepare a filing identifying the existing order, the precise change requested and the facts supporting the applicable statutory requirements. A parenting-time-only request should address changed circumstances and why modification is necessary for the child’s best interests. Identify any decision-making or restriction request separately, and comply with the court’s filing, service and notice requirements.

2. Serve the Other Parent Proper Legal Notice

Once the motion is filed, you are legally required to serve the other parent with a copy of the motion and notice of the hearing date. Service must be completed in accordance with the Illinois Code of Civil Procedure. If the other parent cannot be located, alternative methods such as service by publication may be necessary, but these require additional steps and court approval.

3. Attend Court-Ordered Mediation (If Required)

In many Cook County custody modification cases, the court will order both parents to attend mediation through Family Mediation Services before holding a contested hearing. Mediation gives parents an opportunity to resolve disputes outside the courtroom, especially when the issues involve parenting time and scheduling rather than allegations of endangerment.

Mediation is typically waived only in cases involving domestic violence, abuse, or urgent safety concerns.

4. Prepare and Present Evidence in Support of Your Motion

Section 610.5 provides changed-circumstances requirements, parental-agreement modifications and specified pathways that do not require changed circumstances. This may involve:

  • Testimony from parents, teachers, or therapists

  • Written communications or parenting logs

  • Medical records, school performance data, or childcare documentation

  • Evidence of noncompliance by the other parent

The judge will evaluate all evidence under the best interests of the child standard set forth in 750 ILCS 5/602.7, which includes factors such as the child’s adjustment to home and school, the willingness of each parent to foster the child’s relationship with the other, and any history of abuse or parental alienation.

Why You Need an Attorney for Parenting Time Modifications in Cook County

Cook County courts demand precision, preparation, and professionalism. Filing a parenting time modification on your own, without legal guidance, can lead to delays, missed deadlines, or denials due to improper evidence or procedural errors. At Chicago Family Attorneys, we follow the procedures of Cook County’s domestic relations system, from its local rules to how mediation sessions are scheduled.

Our experienced child custody lawyers in Chicago can:

  • Evaluate your situation to determine if you meet the legal standard

  • Draft and file a compelling motion

  • Handle service and notice procedures

  • Represent you during mediation or hearings

  • Protect your parental rights and advocate for your child’s needs

Whether your case is heard at the Daley Center or in a suburban district courthouse, we can help you confidently navigate every step.

Need to modify a parenting schedule in Cook County?

Let our experienced custody attorneys help you protect your child’s well-being and pursue a workable parenting plan. Contact Chicago Family Attorneys today to schedule a consultation.

Call 312-965-5618 or book a free consultation online to speak with a lawyer who knows Cook County custody law inside and out.

What the Judge Considers: The Best Interests of the Child

father and daughter biking

When a parent files a motion to modify a parenting plan in Illinois, the court will not approve the request based on convenience or minor disagreements. Judges review the proposed changes in modification of parenting time cases by evaluating what serves the best interests of the child within the case. This is the cornerstone of all child custody decisions in Illinois, and understanding how courts apply this standard is critical to building a strong case.

Under 750 ILCS 5/602.7, the court is required to consider a wide range of factors when determining whether a change to parenting time or parental responsibilities is warranted. These considerations go beyond logistics; they center on the child’s physical, emotional, and psychological well-being.

Whether your case is heard at the Daley Center in Chicago or in a Cook County suburban district, here’s what you can expect the judge to evaluate:

1. The Wishes of the Child

If the child is mature enough to express a preference, particularly in their teenage years, the court may consider their input. That said, the child’s wishes are just one factor among many, and they must be weighed against the broader picture of what environment is healthiest and most stable.

Example: A 14-year-old may express a desire to live primarily with one parent due to school proximity or emotional comfort. The court may consider this alongside educational performance, relationships with siblings, and household stability.

2. The Mental and Physical Health of All Parties

The court will look at the physical and mental health of each parent and child. If a parent is suffering from untreated mental illness, addiction, or health issues that interfere with their ability to parent effectively, this will factor into the decision. Similarly, a child with special needs may require a different custodial arrangement than originally set in the parenting agreement.

3. The Child’s Adjustment to Their Home, School, and Community

Disrupting a child’s routine is not taken lightly. Judges examine how well the child is doing in their current environment, academically, socially, and emotionally. If a proposed change would result in moving the child to a different school district or taking them away from extended family and a strong support system, the parent seeking the change will need to show that the benefits of the modification outweigh the disruption.

Example: If the child has been thriving in school, participating in extracurricular activities, and is closely connected to friends and family nearby, the court may be reluctant to approve a change that removes the child from that environment, unless there is a clear benefit.

4. The Willingness of Each Parent to Support the Other Parent’s Relationship With the Child

Illinois courts value cooperative co-parenting. Judges often consider whether each parent has made good-faith efforts to foster and encourage the child’s relationship with the other parent. A parent who actively undermines the other’s relationship, by refusing communication, disparaging the other parent, or interfering with scheduled parenting time, can harm their own credibility in court.

Example: If one parent has consistently failed to share updates about the child’s medical care or school progress, or has blocked reasonable contact between the child and the other parent, this behavior can support a change in parenting time or responsibilities.

5. Each Parent’s Ability to Meet the Child’s Needs

This factor focuses on whether each parent is equipped emotionally, financially, and logistically to meet the child’s daily and long-term needs. Courts look for stability, structure, involvement in the child’s education, and the ability to provide a safe and nurturing home environment. A parent who travels frequently, works irregular hours, or lacks appropriate housing may face difficulty demonstrating that a change in custody or parenting time benefits the child.

What Evidence Supports a Parenting Plan Change?

Simply telling the court that the current parenting plan is inconvenient or unfair will not lead to a successful modification. Parents must go beyond personal preferences and show specific, fact-based reasons why the current arrangement no longer serves the child’s best interests.

You will need to offer compelling documentation and, in some cases, testimony from educators, medical professionals, or other caregivers who can speak to the child’s needs. Family law judges in Illinois expect thoughtful, child-focused reasoning supported by credible evidence.

How Can Counsel Prepare a Parenting Plan Modification Request?

At Chicago Family Attorneys, we understand how to present parenting modification cases to Cook County judges with clarity and purpose. Our legal team is skilled in crafting persuasive motions, gathering key evidence, and advocating for custody arrangements that truly reflect the best interests of the child.

Whether you’re seeking more parenting time, trying to limit a co-parent’s influence due to harmful behavior, or requesting a full shift in decision-making authority, we can help you put forward a strong, court-ready case.

Call us today at 312-965-5618 or book a free consultation online with an experienced child custody lawyer in Chicago. Your child’s well-being deserves a parenting plan that meets today’s realities, not just yesterday’s agreements.

Frequently Asked Questions About Parenting Plan Modifications in Illinois

When it comes to adjusting a parenting agreement in Illinois, many parents are unsure of what is allowed, how long they must wait, or what circumstances qualify for court intervention. Here, we answer some of the most common questions asked by parents seeking to modify custody or parenting time orders in Chicago and Cook, DuPage, Lake and Will Counties.

Can Parenting Time Be Changed Without Waiting Two Years?

Yes. Under Illinois law, you can request a modification to parenting time, which includes the child’s visitation schedule or physical time with each parent, at any time after the parenting plan has been entered. You do not have to wait two years.

Section 610.5 provides changed-circumstances requirements, parental-agreement modifications and specified pathways that do not require changed circumstances. Examples may include one parent relocating, a change in work schedule, or the child’s growing needs making the current arrangement unworkable.

Section 610.5(a) generally bars decision-making modification motions within two years, subject to party stipulation, Section 603.10 and the statutory affidavit exception. The affidavit exception concerns reason to believe the child's present environment may seriously endanger mental, moral or physical health or significantly impair emotional development.

What Qualifies as an Emergency Parenting Time Restriction?

Illinois courts take immediate threats to a child’s safety very seriously. If your child is exposed to dangerous conditions, you may be able to file a motion to restrict parenting time on an emergency basis under 750 ILCS 5/603.10.

Emergency relief may be granted in situations involving:

  • Domestic violence

  • Substance abuse or intoxication while caring for the child

  • Neglect or unsafe living conditions

  • A parent threatening or attempting to abduct the child

  • Behavior that poses a direct risk to the child’s physical, emotional, or mental well-being

In Cook County, emergency motions are typically reviewed quickly, sometimes within 24–48 hours. You will need to provide a sworn affidavit and evidence showing that the child is at risk.

Can a Child Choose Which Parent to Live With in Illinois?

The wishes of the child may be considered by the court, especially if the child is older and shows maturity. However, a child’s preference does not automatically decide the outcome of a parenting time or custody modification case.

According to 750 ILCS 5/602.7, the court considers the child’s wishes as one of many factors in determining the best interests of the child. The judge will also evaluate the reasons behind the child’s preference, the parent-child relationship, the child’s school performance, home environment, and the ability of each parent to meet the child’s needs.

In some cases, the court may appoint a Guardian ad Litem (GAL) to investigate the situation and make recommendations.

Do Both Parents Have to Agree to a Parenting Plan Change?

No. While mutual agreement between parents is always encouraged, one parent may file a motion to modify the parenting plan without the other parent’s consent.

If the other parent objects, the matter will proceed to court, where a judge will evaluate whether the proposed changes are justified and whether they align with the child’s best interests.

Section 610.5 provides changed-circumstances requirements, parental-agreement modifications and specified pathways that do not require changed circumstances. At Chicago Family Attorneys, we work closely with clients to present a strong case, especially in contested parenting time matters.

Need Help With a Parenting Time or Custody Modification?

Whether you’re trying to modify an existing parenting agreement, respond to an emergency custody issue, or ensure your child is protected and thriving, our legal team is here to help. We represent parents throughout Chicago and Cook, DuPage, Lake and Will Counties, and we can explain the court procedures that apply to your case.

Call us today at 312-965-5618 or schedule your confidential free consultation online. Get experienced guidance from an Illinois child custody lawyer who understands your rights, your concerns, and your goals.

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When to review a parenting plan

Frequently asked questions

Clear answers to help you understand the issue and prepare your next step.

Why should a request to change the schedule identify the exact provision that no longer works?

The current order supplies the starting point. Explain the change in circumstances, the affected provision and the replacement arrangement you propose. This makes the request more concrete than a general statement that co-parenting has become difficult.

Which smaller practical terms may deserve review in an existing parenting plan?

Exchange locations, transportation responsibilities and communication methods can become sources of recurring conflict. Identify the particular problem and supporting examples. Review whether clarification, enforcement or a modification is the appropriate response rather than assuming every dispute needs the same filing.

What records can support review of a parenting schedule in Illinois?

Written communications, parenting logs, medical records and school information can support review of a parenting schedule in Illinois. These materials can document compliance problems or changes in a child’s needs. The explanation should connect specific facts to why the current arrangement no longer serves the child’s interests.

Does parenting-time modification always require a substantial change?

No. In Reynolds v. Reynolds, 2026 IL 132627, the Illinois Supreme Court held that a parenting-time-only request is governed by section 610.5(a): changed circumstances must make the modification necessary to serve the child’s best interests. Decision-making changes and restrictions require separate analysis.

Original article: Aaron Korson. Originally published 2025-05-28.
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