Parenting Time & Decision-Making · Lake County, IL

By Deanna Bowen, The Law Office of Deanna J. Bowen · Updated October 2026

How to modify “child custody” in Lake County, Illinois, which the law calls a parenting plan or allocation judgment: petition under 750 ILCS 5/610.5. Decision-making generally cannot change within two years unless affidavits show serious endangerment, and usually needs a substantial change. Parenting time can change anytime on changed circumstances that make modification necessary for the child’s best interests. Lake County attorney Deanna Bowen explains.

A parenting plan is written for the family you had on the day the judge signed it. Then life moves. A parent takes a job with a different schedule, a child starts high school, someone moves, or the children have been living mostly in one home for months. When the order no longer fits, Illinois law gives you a way to change it, but the rules depend on exactly what you want to change.

That point became sharper on September 24, 2026, when the Illinois Supreme Court decided Reynolds v. Reynolds, 2026 IL 132627, and held that a request to change parenting time alone is judged under a different standard than a request to change decision-making. Every statute, rule and opinion quoted below was checked against the official text at ilga.gov, illinoiscourts.gov and the Nineteenth Judicial Circuit’s published local rules in October 2026.

First, the Words: Illinois Modifies a Parenting Plan or Allocation Judgment, Not “Custody”

Since January 1, 2016, the Illinois Marriage and Dissolution of Marriage Act has allocated parental responsibilities in two separate parts, and a modification case is about one or both of them. The definitions in 750 ILCS 5/600 tell you what the court is actually being asked to change:

  • An allocation judgment is “a judgment allocating parental responsibilities” (§ 600(b)).
  • A parenting plan is “a written agreement that allocates significant decision-making responsibilities, parenting time, or both” (§ 600(f)).
  • Parental responsibilities means “both parenting time and significant decision-making responsibilities with respect to a child” (§ 600(d)).

Those two halves are different things:

  • Significant decision-making responsibilities (750 ILCS 5/602.5) cover “deciding issues of long-term importance in the life of a child” (§ 600(k)), including education, health, religion and extracurricular activities (§ 602.5(b)).
  • Parenting time (750 ILCS 5/602.7) is “the time during which a parent is responsible for exercising caretaking functions and non-significant decision-making responsibilities with respect to the child” (§ 600(e)).

The vocabulary matters because the modification statute treats those halves differently. One more detail from a 2025 amendment: a parenting plan or allocation judgment, “once approved or entered by the court, shall be considered final for purposes of modification under Section 610.5 or appeal, unless the underlying action is dismissed” (§ 602.10(i), added by Public Act 103-0967, effective January 1, 2025).

The Two-Year Rule Applies Only to Decision-Making

The rule most parents have heard of comes from the first sentence of 750 ILCS 5/610.5(a):

“Unless by stipulation of the parties or except as provided in Section 603.10 of this Act, no motion to modify an order allocating parental decision-making responsibilities, not including parenting time, may be made earlier than 2 years after its date, unless the court permits it to be made on the basis of affidavits that there is reason to believe the child’s present environment may endanger seriously his or her mental, moral, or physical health or significantly impair the child’s emotional development.”

Read it slowly and four things stand out:

  • It reaches decision-making only. The words “not including parenting time” keep the two-year bar away from the schedule.
  • The two years run from the order’s “date.”
  • There are three ways around the clock: the parties’ stipulation, a restriction case under § 603.10, or the court’s permission based on affidavits showing reason to believe the child’s present environment may seriously endanger the child or significantly impair the child’s emotional development.
  • Permission is a gate, not a ruling. As the Supreme Court explained in Reynolds, “[a] party seeking to file a motion to modify early, less than two years after the entry of the order allocating parental responsibilities, may only do so with permission from the court.” Once permission is granted, or once two years have passed, the motion itself is decided under § 610.5(c), covered in the next section.

Parenting time can be modified at any time, and Reynolds settled the standard

The second sentence of § 610.5(a) is the one that governs schedules: “Parenting time may be modified at any time, without a showing of serious endangerment, upon a showing of changed circumstances that necessitates modification to serve the best interests of the child.”

Illinois appellate courts had split over whether a parent asking only for more or different parenting time also had to prove the “substantial change” described in § 610.5(c). In Reynolds, a father who sought only additional parenting time under a 2016 agreed allocation judgment lost in the circuit court because that court required a substantial change. The Supreme Court disagreed: “We hold that section 610.5(a) of the Act governs motions for modification of parenting time and that the plain language of the statute requires the moving party to make a showing of changed circumstances that necessitate modification to serve the best interests of the child.” The Court overruled In re Marriage of Trapkus, 2022 IL App (3d) 190631, “to the extent it is inconsistent” with that holding, and added that “whether the changes were anticipated by the parties is a consideration for modifications under subsection (c), not a requirement under subsection (a).”

The facts show what a change can look like. The father in Reynolds had moved from office work to remote work, moved to a larger house closer to the children’s school, and pointed out that the children were now older and in school and had developed relationships with their half-siblings in his home. The Supreme Court found the record showed changes, but it did not order more parenting time. It sent the case back for the circuit court “to consider whether respondent has demonstrated that the changes he presented necessitate a modification in parenting time to serve the best interests of the children.” A change opens the door; the child’s best interests still decide the outcome.

When the concern is safety: restriction under § 603.10

A safety problem is handled differently. Under 750 ILCS 5/603.10(a), “[a]fter a hearing, if the court finds by a preponderance of the evidence that a parent engaged in any conduct that seriously endangered the child’s mental, moral, or physical health or that significantly impaired the child’s emotional development, the court shall enter orders as necessary to protect the child,” which may include “a reduction, elimination, or other adjustment of the parent’s decision-making responsibilities or parenting time, or both” and supervision. Both § 610.5(a) and § 610.5(c) carve out § 603.10 restriction cases, so a safety concern is not simply a faster version of an ordinary modification.

The Substantial-Change Test: Decision-Making and Larger Changes to the Plan

Section 610.5(c) is the general modification standard:

“Except in a case concerning the modification of any restriction of parental responsibilities under Section 603.10, the court shall modify a parenting plan or allocation judgment when necessary to serve the child’s best interests if the court finds, by a preponderance of the evidence, that on the basis of facts that have arisen since the entry of the existing parenting plan or allocation judgment or were not anticipated therein, a substantial change has occurred in the circumstances of the child or of either parent and that a modification is necessary to serve the child’s best interests.”

After Reynolds, this is the test for a motion to modify significant decision-making responsibilities, whether it is filed after two years or earlier with the court’s permission. Broken into its parts, the parent asking for the change must prove:

  1. By a preponderance of the evidence — more likely than not;
  2. New or unanticipated facts — facts that “have arisen since the entry of the existing parenting plan or allocation judgment or were not anticipated therein”;
  3. A substantial change — “in the circumstances of the child or of either parent”; and
  4. Necessity — that “a modification is necessary to serve the child’s best interests.”

The best interests are measured with the same factor lists used when the plan was first made: § 602.5(c) for decision-making and § 602.7(b) for parenting time. Both start from the child’s needs, not either parent’s preference. Under § 602.7(b), “[i]t is presumed both parents are fit,” and the Act creates no presumption in favor of equal time or of either parent by gender. Our guide to when a child can decide which parent to live with in Illinois walks through how the factors and a child’s wishes fit together.

Relocation as one route in

A parent’s move can supply the change. 750 ILCS 5/609.2(a) says it plainly: “A parent’s relocation constitutes a substantial change in circumstances for purposes of Section 610.5.” For a child whose current primary residence is in Lake County, a “relocation” inside Illinois is a move to a new residence “more than 25 miles from the child’s current residence, as measured by an Internet mapping service using surface roads,” and if the mapping service offers alternative routes, “the alternative route that is the shortest distance shall be used” (§ 600(g), as amended by Public Act 103-0967, effective January 1, 2025). The notice rules, the petition and the factors a judge weighs are covered in our guide to Illinois child relocation laws for Lake County parents.

Changes That Need No Changed Circumstances, and How a Post-Judgment Case Runs in Lake County

Not every modification is a contest over what has changed. Section 610.5 gives parents several routes that require no showing of changed circumstances at all.

Agreement. “The court shall modify a parenting plan or allocation judgment in accordance with a parental agreement, unless it finds that the modification is not in the child’s best interests” (§ 610.5(d)).

Four more routes under § 610.5(e). The court “may modify a parenting plan or allocation judgment without a showing of changed circumstances if (i) the modification is in the child’s best interests; and (ii) any of the following are proven as to the modification”:

  1. “the modification reflects the actual arrangement under which the child has been receiving care, without parental objection, for the 6 months preceding the filing of the petition for modification, provided that the arrangement is not the result of a parent’s acquiescence resulting from circumstances that negated the parent’s ability to give meaningful consent”;
  2. “the modification constitutes a minor modification in the parenting plan or allocation judgment”;
  3. “the modification is necessary to modify an agreed parenting plan or allocation judgment that the court would not have ordered or approved under Section 602.5 or 602.7 had the court been aware of the circumstances at the time of the order or approval”; or
  4. “the parties agree to the modification.”

Two cautions apply to all of these. First, each one still requires that the change serve the child’s best interests. Second, the six-month route protects the arrangement both parents actually accepted; it does not reward an arrangement one parent went along with only because circumstances “negated the parent’s ability to give meaningful consent.”

The statute also discourages misuse. “Attorney’s fees and costs shall be assessed against a party seeking modification if the court finds that the modification action is vexatious or constitutes harassment,” and a parent who “has repeatedly filed frivolous motions for modification” may be barred from filing for a period of time (§ 610.5(f)).

How a post-judgment petition runs in the Nineteenth Judicial Circuit

A Lake County modification case is heard by the Nineteenth Judicial Circuit Court in Waukegan. Statewide law and local rules shape what happens after you file:

  • Mediation is the default. Statewide, “[t]he court shall order mediation to assist the parents in formulating or modifying a parenting plan or in implementing a parenting plan unless the court determines that impediments to mediation exist” (§ 602.10(c)). Illinois Supreme Court Rule 905 requires each judicial circuit to run a mediation program for parenting disputes, and, as amended effective March 1, 2026, allows those programs to use remote video conferencing.
  • Lake County’s rule. The Nineteenth Circuit replaced its Chapter 4 family rules effective June 1, 2026. The current mediation rule, Local Rule 4-4.07(B), provides: “Mediation shall be ordered by the Court, except upon a showing of the existence of an impediment to mediation, or for other good cause shown, for all disputes involving child(ren) allocation of parental responsibility, allocation of parenting time, relocation, or other non-economic issues relating to the child(ren), either pre-judgment or post-judgment.” The rule defines an impediment as a condition “including, but not limited to, domestic violence or intimidation, substance abuse, child abuse, mental illness or a cognitive impairment that hinders the ability of a party to negotiate safely, competently, and in good faith” (LCR 4-4.07(A)(2)), and it sets a mediation status date “no later than seven (7) weeks from the date the Mediation Order was issued” (LCR 4-4.07(F)(1)).
  • Parenting education. Under Local Rule 4-4.01(C), parents in “any pre or post-judgment” case in which an aspect of the case involves the allocation of parental responsibility or parenting time “shall attend the PEP as soon as possible, but no later than 60 days after the LCR 4-2.02 Initial Case Management Conference, unless otherwise ordered for good cause shown.” Failing to attend “may result in the Court reserving a party’s parenting time with the child(ren)” (LCR 4-4.01(H)).
  • A voice for the child. The court may appoint a guardian ad litem, a child representative or an attorney for the child (750 ILCS 5/506; LCR 4-4.04). Our guide to Lake County guardian ad litem standards explains those roles.

If the parents reach agreement in mediation, § 610.5(d) and (e)(4) give the court a direct path to enter it. If they do not, the case returns to the judge on the standard that fits the request: changed circumstances under § 610.5(a) for parenting time, or a substantial change under § 610.5(c) for decision-making and broader changes. No one can honestly promise how long that takes or how it ends.

Frequently Asked Questions About Modifying a Parenting Plan in Illinois

Can I ask to change parenting time before two years have passed? Yes. The two-year bar applies to decision-making, “not including parenting time.” Parenting time “may be modified at any time, without a showing of serious endangerment, upon a showing of changed circumstances that necessitates modification to serve the best interests of the child” (750 ILCS 5/610.5(a)).

What counts as “changed circumstances”? The statute does not list them. In Reynolds v. Reynolds, 2026 IL 132627, a parent’s move to remote work, a larger home closer to the children’s school, children who were older and in school, and new relationships with half-siblings were changes in the record, and the case went back to the circuit court to decide whether they made a modification necessary for the children’s best interests.

Does my child’s preference change the parenting plan? Not by itself. The child’s wishes, “taking into account the child’s maturity and ability to express reasoned and independent preferences,” are one of the factors the court weighs (§§ 602.5(c)(1), 602.7(b)(2)), and the court “may interview the child in chambers to ascertain the child’s wishes as to the allocation of parental responsibilities” (§ 604.10(a)). See when a child can decide which parent to live with in Illinois.

Do we have to try mediation in Lake County? Usually. Local Rule 4-4.07(B) requires the court to order mediation of pre- and post-judgment disputes over the allocation of parental responsibilities, parenting time and relocation unless an impediment to mediation or other good cause is shown. For more on how mediation works, see should you consider mediation for your divorce in Illinois.

My co-parent wants to move with our child. Is that grounds to modify? A relocation “constitutes a substantial change in circumstances for purposes of Section 610.5” (§ 609.2(a)). For a child whose current primary residence is in Lake County, an in-state move counts as a relocation when the new residence is more than 25 miles away by surface roads (§ 600(g)).

What if the other parent keeps filing to change the plan? The court must assess attorney’s fees and costs against a party whose modification action it finds “vexatious or constitutes harassment,” and it may bar a parent who has “repeatedly filed frivolous motions for modification” from filing for a period of time (§ 610.5(f)).

Questions About Changing a Parenting Plan in Lake County? Let’s Talk About Your Family’s Situation

A modification case goes best when it starts with the right question: are you asking to change the schedule, the decision-making, or both? That answer decides whether you need changed circumstances, a substantial change, or an agreement the court will approve, and it shapes the record you build from the first day.

The Law Office of Deanna J. Bowen has spent more than two decades on family cases in Lake County and the north suburbs, from Gurnee and Waukegan to Libertyville, Mundelein and Round Lake. We help parents reach agreed changes to a parenting plan where that is possible, and present the evidence and the best-interest factors clearly when it is not. We cannot promise any particular schedule or result, but we can make sure the court sees what has changed for your family and why it matters for your child.

To talk it through in a confidential initial consultation, call (847) 623-4002, contact us online, or read more about our post-judgment modification work and how we handle the allocation of parental responsibilities. If you are still building your first plan, our guide to developing a parenting plan in Illinois is a good place to start.

This article is general legal information, not legal advice, and does not create an attorney-client relationship. Illinois law changes and every case turns on its facts. Consult a licensed Illinois family-law attorney about your situation.

Primary sources (checked October 2026): 750 ILCS 5/600, 5/602.5, 5/602.7, 5/602.10, 5/603.10, 5/604.10, 5/609.2, 5/610.5; Public Act 103-0967 (effective January 1, 2025); Illinois Supreme Court Rule 905 (amended effective March 1, 2026); Reynolds v. Reynolds, 2026 IL 132627 (Sept. 24, 2026); Nineteenth Judicial Circuit Local Rules, Chapter 4, Part 4.00 (effective June 1, 2026).