Illinois Parenting-Time Changes After Reynolds: A New, Lower Standard for Modifying Parenting Time

Illinois parents seeking to change a parenting schedule have received an important clarification from the Illinois Supreme Court. In Reynolds v. Reynolds, the court held that a parent seeking to modify parenting time alone must show changed circumstances that make a change necessary to serve the child’s best interests, not a “substantial” change in circumstances.

That distinction matters. A request to adjust when a child stays with each parent may face a different legal threshold from a request to change significant decision-making responsibilities or other parts of a parenting plan. The particular relief requested, and how the motion is framed, can affect the standard the court applies.

Many of our family law cases necessarily involve the appointment by the Court of a GAL or Child’s Representative. Sometimes, there is some question or confusion about the role of the GAL vs. that of the Child’s Rep.

In Illinois family law, under the Illinois Marriage and Dissolution of Marriage Act (IMDMA), a Guardian ad Litem (GAL) and a Child’s Representative are two distinct roles appointed by the court to represent the best interests of a child in family law proceedings, such as custody (allocation of parental responsibilities) disputes. While both roles focus on the child’s best interests, their functions, authority, and approach differ significantly. Below is a detailed comparison: Guardian ad Litem (GAL)

• Definition: A GAL is an attorney or trained professional appointed by the court to investigate and advocate for the child’s best interests in a family law case. The GAL acts as the “eyes and ears” of the court, gathering information and making recommendations.

Many of our clients have initial questions about how the major decisions for the minor children will be made after the divorce is completed. While joint decision making is conceptually ideal, in many cases requiring the parties to make major decisions together can create disagreements, leading to further litigation. In some cases, a major decision like religion is not at issue but matters like the children’s extracurriculars and medical/dental or therapy treatments often create discord among parents.  How does the Court assess whether to award a parent joint or sole decision making for the children?

The court determines whether to grant sole or joint decision-making responsibility (previously referred to as custody) for minor children based on the best interests of the child, as outlined in the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/602.5). The court evaluates several specific criteria to decide whether one parent should have sole decision-making authority or if both parents should share joint decision-making responsibility. Below are the key factors and considerations:

The court often considers the following factors to determine what arrangement serves the child’s best interests: