When it comes to updating your parenting plan for school in DuPage County, IL, there are a few important things to know. One is that you may not be allowed to change the plan within two years of the last custody order unless your child is in serious danger. For a parenting plan update after two years, you need to show a substantial change in circumstances and that the parenting plan update would be in the best interests of the child.
In the context of schooling, a substantial change in circumstances could mean parental relocation, a decline in the child’s emotional well-being or performance at school, or a change in a parent’s work schedule that conflicts with school routines. Call Erlich Law today at (630) 538-5331 to discuss modifying a parenting plan for school.
When Do Illinois Courts Allow Parenting Plan Modifications for School Changes?
In Illinois, parenting plans cover parenting time and how the allocation of parental responsibilities is decided. Both minor and major changes that the parents agree on are allowed at any time and should be submitted to the court to become enforceable. However, orders for custody may change only under one of two conditions.
Within Two Years of the Last Custody Order if the Child Is in Danger
If less than two years have passed since the most recent custody order, the court considers updates only if there could be serious endangerment to the child’s mental, physical, emotional, or moral health.
Courts usually do not see school-related disagreements such as switching districts or deciding on a different program as rising to the level of mental, physical, emotional, or moral danger unless:
- The child is struggling with issues such as bullying, untreated special needs, or safety issues at school
- The school placement clearly is harming the child’s educational or emotional development
- There is evidence the other parent is ignoring or refusing necessary educational support
Most of the time, courts view school-related disputes as important but not emergencies. Courts prefer parents to resolve them through mediation or wait until the two-year mark to modify. After two years, those concerns can qualify as a “substantial change in circumstances,” making an update much more likely.
After Two Years of the Last Custody Order
Courts in DuPage County may consider modifying the parenting plan if there is a substantial change in circumstances, as long as the change is in the child’s best interests. Examples of substantial changes relevant to schooling context may include parental relocation, a noticeable decline in the child’s academic performance or emotional well-being, or a parent changing work schedules that conflict with school routines.
It could be time to modify your parenting plan if your child is struggling to adjust to the existing schedule, one parent moves far enough away that it throws a serious wrench into logistics, the child develops a disability or learning issue that affects his or her daily needs, or a parent takes a different work shift.
For example, if a child is struggling academically due to school transfer or schedule shifts, or if school timing conflicts with parenting time, the parent must clearly show how the current plan is harming the child and that adjustments would restore stability and serve the child’s best interests.
Key Factors Judges Consider When School Schedules Impact Parenting Time
DuPage County has about 152,997 students in kindergarten to 12th grade. With child custody and school changes, courts in Illinois emphasize the child’s best interests. Major considerations include the child’s adjustment to home, school, and community. Courts assess how stable and consistent the child’s routine is.
Also important is the child’s relationship with each parent. Judges examine the quality of the child’s bond with each parent and how school schedules might help or hurt that relationship.
Courts consider how each parent can meet school-related decisions such as educational planning, extracurriculars, and support needs. Courts also expect parents to cooperate with each other and the school. In addition, courts evaluate each parent’s willingness to communicate and adjust.
How a Family Law Attorney Can Help You Modify Your Parenting Plan in DuPage County
Navigating child custody agreements or parenting plan modifications on your own can be tricky. It is also risky to do parenting plan modifications without court modification, since they are not enforceable legally. An Illinois parenting plan lawyer can help in many ways.
Criteria and Documentation
A child custody lawyer can determine if your situation meets modification criteria such as serious endangerment or a substantial change in circumstance. Your lawyer can help gather evidence such as school records, communications, and reports from teachers or therapists to show how school changes are impacting your child.
Negotiation and Mediation
Many attorneys urge parents first to negotiate an agreement. If the parents are able to agree on a change, such as earlier child dropoff times in light of a new school schedule, the agreement can be submitted to the court instead of litigated in court. This reduces conflict and cost.
Court Representation
Your attorney can represent you in court if negotiation fails. He or she presents evidence and argues why parental time modifications are needed. If anything can be used against you in a child custody case, your attorney needs to know so he or she can prepare for it and minimize or nullify its impact.
There are many ways to handle updating your parenting plan for school changes. Contact us today at Erlich Law Office to discuss your situation.