As time passes, the needs of children change, as do the circumstances of their families’ lives. Parents move, change jobs, have new partners or spouses, and obviously children get older. Children sometimes grow closer to one parent and drift apart from the other. Sometimes one or both parents have not been following the Parenting Plan. The Parenting Plan that was previously best for the children may now be unworkable and modification of the parenting plan may be necessary.

The Parenting Plan explains the amount of time each parent will have with the children and which parent (or parents) is responsible for making significant decisions for the children. Illinois law allows the Parenting Plan to be modified at any time by the court if the parties agree or there has been a change in circumstances that warrants modification to serve the child’s best interests. There are a few other specific and limited circumstances under which a Parenting Plan can be modified. You can consult with one of KGN’s experienced family law attorneys to see if your circumstances warrant a modification to the Parenting Plan.

The court must authorize any modification to the Parenting Plan for it to be enforceable, even if the parties agree on a modification. If the parties are unable to reach an agreement on their own, in most cases, the court will require the parties to attend mediation to hopefully resolve the issue. Should mediation fail to resolve the issue, the court might assign a guardian ad litem (GAL). This individual, who is an attorney, acts in the best interests of the children involved. The GAL is tasked with investigating the facts of the case and eventually developing a recommendation to the court as to what is in the best interests of the children with respect to parenting time and/or significant decision-making responsibilities. The GAL essentially acts as the “eyes and ears” for the court because the court is very busy and does not have time to personally investigate the facts. The opinion of the GAL can have a major impact on the outcome of your case. Although the court is not required to follow the GAL’s recommendation, the GAL’s recommendation will most likely carry substantial weight.