The Illinois Supreme Court recently clarified the standard for modifying parenting time. Learn the difference between showing “changed circumstances” and showing a “substantial change,” and what it means if you want to change your parenting schedule or parenting plan.

Parenting schedules that worked a few years ago do not always fit today. Work schedules change, families move, and children grow, and what a child needs at age five is not what the same child needs at age twelve. If you are thinking about asking an Illinois court to change your parenting time, one question matters from the start: how much do you have to show?

On September 24, 2026, the Illinois Supreme Court answered an important part of that question in Reynolds v. Reynolds, 2026 IL 132627. In a unanimous opinion, the court held that a parent who asks to modify parenting time only must show changed circumstances that make a modification necessary to serve the child’s best interests. The higher “substantial change” standard applies when the request is to modify a parenting plan or the allocation of parental responsibilities, such as decision-making. Because this is a Supreme Court decision, it applies to courts across Illinois, including Cook County.

Key Takeaways

• Illinois law uses two different standards, depending on what you want to change.
• To modify parenting time only, you must show changed circumstances that necessitate a modification to serve your child’s best interests. You do not have to show a “substantial” change.
• To modify a parenting plan or decision-making responsibilities, you must show a substantial change in circumstances.
• A change alone is not enough. The change has to make a modification necessary for the child’s best interests, and the judge decides.
• How a request is framed matters, so it is important to know which standard applies before you file.

Parenting Time, Parenting Plans, and Parental Responsibilities: What Is the Difference?

Many people still say custody and visitation, but Illinois law now speaks of the allocation of parental responsibilities. Parental responsibilities have two parts:

• Parenting time: the time a child spends with each parent.
• Significant decision-making responsibilities: the authority to make major decisions for the child, such as education, health care, and religion.

A parenting plan is a written agreement that allocates decision-making, parenting time, or both. An allocation judgment is the court order that allocates parental responsibilities. If you are searching for how to change a child custody order in Illinois, these are the terms that matter.

What Did the Illinois Supreme Court Decide in Reynolds v. Reynolds?

In 2016, a McHenry County court entered an allocation judgment based on an agreement between two parents. The mother had primary parenting time and significant decision-making responsibilities. The father had a weekly overnight and every other weekend.

Years later, the father asked the court to modify the arrangement, and he eventually narrowed his request to seek only more parenting time. He pointed to changes since 2016, including remote work with a more flexible schedule, a larger home closer to the children’s school, children who were older, and relationships with half-siblings who lived in his home. A court-appointed custody evaluator recommended increasing his time.

The trial court applied the substantial change standard, decided the changes were not substantial, and ruled for the mother after the father presented his case. The appellate court vacated that ruling, and the Illinois Supreme Court agreed that the wrong standard had been used.

Why the Court Said a Different Standard Applies to Parenting Time

The court looked at the plain language of the statute, 750 ILCS 5/610.5. Subsection (a) says parenting time can be modified at any time, without a showing of serious endangerment, when changed circumstances make a modification necessary to serve the child’s best interests. Subsection (c) applies to parenting plans and allocation judgments and requires a substantial change. The court explained that the legislature deliberately treated parenting time differently.

The court also explained that whether a change was anticipated when the original order was entered matters under subsection (c), but it is not a requirement for modifying parenting time under subsection (a). The decision also resolved a disagreement among Illinois appellate courts on this question.

What Happened Next in the Case

The Supreme Court did not give the father more parenting time. It sent the case back to the trial court to decide whether the changes he presented make a modification necessary to serve the children’s best interests, using the correct standard.

Parenting Time vs. Parenting Plan: Which Standard Applies to You?

• If you want to change only the parenting schedule (for example, adding time or adjusting overnights): the standard is in 750 ILCS 5/610.5(a). You must show changed circumstances that necessitate a modification to serve your child’s best interests. This request can be made at any time, and you do not need to show serious endangerment.
• If you want to change decision-making responsibilities or the broader parenting plan or allocation judgment: the standard is in 750 ILCS 5/610.5(c). You must show, by a preponderance of the evidence, a substantial change in circumstances of the child or either parent, based on facts that arose after the order or that were not anticipated in it, and that the modification is necessary for the child’s best interests. A motion to change decision-making less than two years after the order generally requires the court’s permission, unless the parents agree.

Many cases involve both. In Reynolds, the father first asked for broader changes and later narrowed his request to parenting time alone. Because the standards differ, how a request is framed can affect the outcome.

Does “Changed Circumstances” Mean Any Change Will Work?

No. The law requires changes that make a modification necessary to serve the child’s best interests. Judges weigh the evidence, consider the child’s needs, and look at the credibility of the witnesses. The parent asking for the change has the burden of showing why it is needed.

In other words, the Supreme Court lowered the threshold for parenting time requests, but it did not make them automatic.

What Kinds of Changes May Matter in a Parenting Time Case?

The father in Reynolds pointed to several examples. They show the kind of facts that can be relevant, although the Supreme Court did not decide that they justified more time:

• A change in work, such as moving to a remote or more flexible schedule.
• A move to a home that is larger or closer to the child’s school.
• The child growing older, with different needs and a changing relationship with each parent.
• Relationships between the child and siblings or other family members.
• The recommendation of a custody evaluator or a guardian ad litem.

Other changes parents often raise include relocation, changes in a parent’s availability, and changes in a child’s school, health, or activities. Each case turns on its own facts.

How Do You Ask an Illinois Court to Modify Parenting Time?

1. Decide what you want to change. Is it only the schedule, or also decision-making or other parts of the parenting plan?
2. Gather the facts. Write down what has changed since the current order was entered and how it affects your child.
3. Try to reach an agreement. If both parents agree, you can ask the court to approve an agreed order. Informal changes without a court order may not be enforceable.
4. File a motion to modify in the court that entered your order.
5. Prepare for the process. Courts often require mediation, and they may appoint a guardian ad litem or a custody evaluator, as happened in Reynolds.
6. Present your evidence at the hearing, focusing on your child’s best interests.

What Evidence Can Help in a Parenting Time Modification?

• Records showing changes in your work schedule or availability.
• School and activity schedules and how they fit with the current parenting time.
• A calendar or messages showing the time each parent actually spends with the child.
• Recommendations from a guardian ad litem or custody evaluator, if one is appointed.
• Statements from witnesses who see you with your child.
• Documentation of how your child’s needs have changed.

Frequently Asked Questions About Modifying Parenting Time in Illinois. Can I modify parenting time at any time in Illinois?

Parenting time can be modified at any time if you show changed circumstances that necessitate a modification to serve your child’s best interests, and you do not need to show serious endangerment. Requests to change decision-making responsibilities have separate rules, including a two-year timing rule.

Do I need a substantial change to modify parenting time?

No. After Reynolds, a request to modify parenting time alone requires changed circumstances, not a substantial change. A substantial change is required to modify a parenting plan or allocation judgment, such as decision-making.

Does this mean I will get more parenting time?

No. The decision sets the standard, but a judge still decides whether the changes make a modification necessary for your child’s best interests.

Does the decision apply in Cook County?

Yes. Illinois Supreme Court decisions apply to courts throughout the state, including Cook County.

Can we change parenting time without going to court?

Parents can agree to a change and ask the court to approve it. Informal arrangements that are not approved by the court may not be enforceable.

Do I need a lawyer to modify parenting time?

You are not required to hire one, but the standards, deadlines, and evidence involved can be complicated. A family law attorney can help you understand which standard applies and how to present your case.

Thinking About an Illinois Parenting Plan Modification? Talk to a Family Law Attorney

The Reynolds decision clarifies what a parent must show to change parenting time, but every family’s situation is different. Before you file, it helps to know which standard applies to your request and what evidence will matter.

Weiss Ortiz Attorneys & Mediators serves clients throughout Cook County, Illinois, including Chicago, La Grange Park, Oak Brook, and Deerfield.

Weiss Ortiz Attorneys & Mediators

• Cook County, Illinois | Chicago | La Grange Park | Oak Brook | Deerfield
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Attorney Advertising. Legal Disclaimer: This article is provided for informational purposes only and does not constitute legal advice. Laws may change, and their application depends on the specific facts of each situation. The Reynolds decision established the legal standard and sent the case back to the trial court; it did not decide whether the parent would receive additional parenting time. Reading this article does not create an attorney-client relationship. Past results do not guarantee a similar outcome.