If you are divorced and want to move to a different area with your child, you are probably wondering whether you can modify your Illinois parenting plan. Yes, modifications might be possible when you want to relocate, but it depends on the specific circumstances.

In Illinois, the court will consider the following factors when deciding whether to change parenting rights after a parent moves:

• The distance and reasons for the move
• The child's wishes
• The parents' ability to continue to co-parent effectively
• The child's best interests

If you are thinking about moving with your child, it is important to speak with an attorney. A decree modifications and enforcement attorney can help you understand the law and can advise you on whether or not you have a good case.

One of the hardest things about ending a relationship with the other parent of one’s child is the likelihood that, from now on, that child will divide their time between two households. This kind of arrangement can be incredibly difficult for kids and their parents alike. 

Logistical challenges can be tough but, above all, it is the reality that a child cannot see each of their parents – and that each parent cannot see their child – each and every day that renders shared child custody and parenting time arrangements so emotionally wrenching. Thankfully, living in the Digital Age has its benefits. And one of those benefits is the opportunity for co-parents and their children to engage in regular virtual visitation.

What Is Virtual Visitation?

Virtual visitation is the process of connecting a parent and their child when their child is not currently residing under their roof. Video chats, email, texts, phone calls, story time apps, and even simultaneously gaming online can connect parents with their kids, but postal mail and other forms of non-electronic connection can also be part of a virtual visitation approach as well.

Not so long ago, it was commonplace for one parent to retain sole or primary physical custody of a child, while the child’s other parent received joint legal custody and visitation rights. Nowadays, courts broadly recognize that most children benefit from co-parenting arrangements in which each parent – assuming that they are fit, are eager to act in their child’s best interests, and are capable of healthy co-parenting – benefits from significant parenting time and relatively equal decision-making authority. In order to manage the ins and outs of such arrangements, the courts now insist on the creation of parenting plans in most child custody cases.

Setting Legally-Enforceable Expectations 

Parenting plans function as court orders that govern the terms of a co-parenting arrangement. A family’s particular parenting plan can outline the rights and responsibilities of each parent, as well as forms of recourse available to them in the event of a breach. While parenting plans may be created – as well as modified – by the mutual consent of a child’s parents, these documents and their modifications must be approved by the court to have legal effect. In the event of a contentious dispute wherein parents cannot agree to the terms of an original plan or modification, the court will make a ruling in the best interests of the affected child.

Parenting Plan Terms

Most parenting plans are primarily concerned with a child’s co-parenting time schedule. A family’s plan can outline when a child will reside with each parent, how holidays and special occasions will be managed, transportation between households, etc. However, it is important to underscore that parenting plan terms can address virtually any issue that co-parents deem to be noteworthy enough to be legally enforceable. Many plans, therefore, contain terms concerning virtual visitation arrangements, restrictions on a child’s personal technology use, whether a child will attend religious classes, etc.

Divorce can be complicated, especially when kids are involved. In Illinois, the main priority of child custody laws is the well-being of the child. This post is here to give you more information about how child custody determinations work in Illinois.

Understanding Child Custody in Illinois

Child custody refers to the legal responsibility of caring for a child, including making decisions about their health, education, and daily routine. In Illinois, there are two types of custody arrangements: joint custody, where both parents share custody, and sole custody, where one parent has full custody.

The Illinois Marriage and Dissolution of Marriage Act specifies that the "best interests of the child" principle is taken into consideration for all decisions related to child custody.

When married parents divorce or unmarried parents have a child together, they are often subject to a child custody agreement. Life is full of changes, and circumstances may arise in which you need to change your custody order.

The term “child custody” is still frequently used to describe parenting arrangements for unmarried or divorced parents informally. However, Illinois law does not use this phrase. Instead, your custody agreement will refer to parenting time, which is the amount of time each parent spends with the child, and parental responsibilities, which refers to a parent’s decision-making authority. The rules and procedures for modifying parenting time and parental responsibilities depend on a few different factors. Read on to learn more.

Modifying Parenting Time or Visitation

Countless situations may necessitate an adjustment of the parenting time schedule. A parent may get a new job, relocate to a new residence, or go back to school. Sometimes, the child's needs change and the parenting time schedule must be modified to meet these needs.