Can I Get More Time With My Kids if My Work Schedule Changes?

 Posted on August 11, 2025 in Child Custody

Parenting plans are created based on the circumstances at the time of your divorce. If your work hours were long, unpredictable, or conflicted with your children’s schedules, you may have been granted less parenting time than you hoped for. If things have changed and you now have a more flexible schedule, fewer conflicts, and the ability to be with your kids more consistently, it would be natural to wonder whether you can go back to court and ask for more time with your kids.

In Illinois, it may be possible to modify your parenting plan to reflect your new situation, but the process involves more than just showing you are available. To understand your options, speak with an experienced Wheaton family law attorney about parenting time modifications.

How Can Work Schedule Changes Affect Parenting Time?

Work-related changes that might justify a modification include:

• Moving from evening or overnight shifts to daytime shifts

• No longer needing to work on weekends or holidays that conflict with your parenting time

• No longer having extended travel be part of your job

• Starting a new job with more predictable, consistent hours

If your work hours no longer conflict with your child’s schedule, the court might consider adjustments to your parenting time. This might mean swapping days, adjusting pick-up and drop-off times, or changing the division of holidays and school breaks.

How Does the Court Decide Whether to Approve a Parenting Time Modification?

When deciding whether to approve a parenting plan change, Illinois courts focus on what serves the child’s best interest by considering various factors. The wishes of each parent and the child (if the child is mature enough to express a preference); the child’s adjustment to home, school, and community; the child’s relationship with each parent; each parent’s ability to cooperate and communicate; and the practical impact of the proposed schedule on the child’s daily life are all taken into account before a decision is made.

The court will not approve a change simply because it works for a parent. In keeping with 750 ILCS 5/602.7, any modifications must ultimately benefit the child for the court to approve.

Steps to Request a Parenting Plan Modification

The process of requesting a modification to a parenting plan generally involves:

1. Filing a petition for modification with the court in the county where the original parenting plan was entered.

2. Serving notice to the other parent.

3. Presenting evidence of the substantial change in circumstances and how your proposed schedule serves the child’s best interests.

A skilled attorney can help you prepare the strongest possible case by gathering supporting documents such as updated work schedules, employer letters, and testimony about your involvement in your child’s life.

Contact a DuPage County, IL Parenting Plan Modification Attorney

If your work schedule has changed and you want to adjust your parenting plan, Fawell & Fawell is here to help. We offer a practical, results-oriented approach because your family is our priority. Attorney Alex Fawell’s background as a federal judicial clerk and a 711 law clerk for the DuPage County and Cook County Public Defender’s offices gives him valuable insight into the court system and how to navigate it effectively. Call our Wheaton, IL family law attorney today at 630-871-2400 to schedule a free consultation so we can review your case and offer tailored guidance.