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Illinois Compiled Statutes

750 ILCS 5/610.5 (2026)

Modification

✓ current as of May 2026
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(750 ILCS 5/610.5)
    Sec. 610.5. Modification.
    (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. 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.
    (b) (Blank).
    (c) 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.
    (d) 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.
    (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.
    (f) 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. If the court finds that a parent has repeatedly filed frivolous motions for modification, the court may bar the parent from filing a motion for modification for a period of time.
(Source: P.A. 99-90, eff. 1-1-16; 99-763, eff. 1-1-17.)

    
Notes of Decisions
Cited in 87 cases (60 in the last 5 years), 2017–2026 · leading case: In re Marriage of Trapkus, 2022 IL App (3d) 190631 (Ill. App. Ct. 2022).
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In re Marriage of Trapkus, 2022 IL App (3d) 190631 (Ill. App. Ct. 2022). · cites it 8× “5 (750 ILCS 5/610.5 (West 2016)). Initially, section 610.”
In re Marriage of Vickers, 2022 IL App (5th) 200164 (Ill. App. Ct. 2022). · cites it 13× “uit court entered a written order that (1) dismissed Quentin’s second amended petition for modification “with prejudice,” (2) found that Quentin’s petition for modification filings had been “frivolous and repeated” and barred Quentin “from filing future Petitions to Modify the…”
In re Marriage of Virgin, 2021 IL App (3d) 190650 (Ill. App. Ct. 2021). · cites it 2× “Justin’s Motion for Modified Parenting Time ¶6 In September 2018, Justin filed, among other things, a motion for modification of parenting time (750 ILCS 5/610.5(c) (West 2018)). He alleged that there had been a substantial change in circumstances since the dissolution judgment…”
In re Marriage of Wendy S., 2020 IL App (1st) 191661 (Ill. App. Ct. 2020). · cites it 2× “See 750 ILCS 5/610.5 (West 2016); In re Marriage of Carstens, 2018 IL App (2d) 170183, ¶ 24 .”
In re Marriage of Jessica F., 2024 IL App (4th) 231264 (Ill. App. Ct. 2024). · cites it 3× “5(a) of the Act provides, “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.”
In re Marriage of Wengielnik, 2020 IL App (3d) 180533 (Ill. App. Ct. 2020). · cites it 2× “See 750 ILCS 5/610.5(e) (West 2016); see also id.”
In re Marriage of O'Hare, 2017 IL App (4th) 170091 (Ill. App. Ct. 2017). · cites it 4× “1, 2016) (adding 750 ILCS 5/610.5). The amended section provides, in relevant part: “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)(2)] the…”
In re Marriage of Burns, 2019 IL App (2d) 180715 (Ill. App. Ct. 2019). · cites it 3× “5 of the Illinois Marriage and Dissolution of Marriage Act (Act) (750 ILCS 5/610.5 (West 2016)), August petitioned to modify the allocation of parental responsibilities and parenting time, alleging, in part, that his move to Indianapolis constituted a substantial change in…”
In re Marriage of O'Hare, 2017 IL App (4th) 170091 (Ill. App. Ct. 2017). · cites it 2× “750 ILCS 5/610.5(e) (West Supp. 2015). “The fundamental goal of statutory construction is to ascertain and give effect to the legislature’s intent, best indicated by giving the statutory language its plain and ordinary meaning.”
In re Marriage of Burns, 2019 IL App (2d) 180715 (Ill. App. Ct. 2019). · cites it 3× “5 of the Illinois Marriage and Dissolution of Marriage Act (Act) (750 ILCS 5/610.5 (West 2016)), August petitioned to modify 1 We note that the agreement further provided that any modification of any of the provisions would be effective only if made in writing and signed by the…”
In re Marriage of Adams, 2017 IL App (3d) 170472 (Ill. App. Ct. 2017). · cites it 2× “Also, the father lives in Ingleside, not Palatine, so the children would have to change schools, neighborhoods, friends, and babysitters no matter which parent they lived with.”
In re Marriage of Adams, 2017 IL App (3d) 170472 (Ill. App. Ct. 2018). · cites it 2× “1, 2017) (amending 750 ILCS 5/610.5(a)); In re Marriage of Rogers, 2015 IL App (4th) 140765 , ¶ 57 (stating the modification standard under the pre-2016 version of the Act (750 ILCS 5/610(b) (West 2014))).”
Show all 87 citing cases →
750 ILCS 5/610.5(a): 19 cases
In re Marriage of Trapkus, 2022 IL App (3d) 190631 (Ill. App. Ct. 2022). “5 (750 ILCS 5/610.5 (West 2016)). Initially, section 610.”
In re Marriage of Jessica F., 2024 IL App (4th) 231264 (Ill. App. Ct. 2024). “5(a) of the Act provides, “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.”
In re Marriage of Wendy S., 2020 IL App (1st) 191661 (Ill. App. Ct. 2020). “See 750 ILCS 5/610.5 (West 2016); In re Marriage of Carstens, 2018 IL App (2d) 170183, ¶ 24 .”
In re Marriage of Adams, 2017 IL App (3d) 170472 (Ill. App. Ct. 2017). “Also, the father lives in Ingleside, not Palatine, so the children would have to change schools, neighborhoods, friends, and babysitters no matter which parent they lived with.”
In re Marriage of Adams, 2017 IL App (3d) 170472 (Ill. App. Ct. 2018). “1, 2017) (amending 750 ILCS 5/610.5(a)); In re Marriage of Rogers, 2015 IL App (4th) 140765 , ¶ 57 (stating the modification standard under the pre-2016 version of the Act (750 ILCS 5/610(b) (West 2014))).”
750 ILCS 5/610.5(c): 56 cases
In re Marriage of Virgin, 2021 IL App (3d) 190650 (Ill. App. Ct. 2021). “Justin’s Motion for Modified Parenting Time ¶6 In September 2018, Justin filed, among other things, a motion for modification of parenting time (750 ILCS 5/610.5(c) (West 2018)). He alleged that there had been a substantial change in circumstances since the dissolution judgment…”
In re Marriage of Trapkus, 2022 IL App (3d) 190631 (Ill. App. Ct. 2022). “5 (750 ILCS 5/610.5 (West 2016)). Initially, section 610.”
In re Marriage of Vickers, 2022 IL App (5th) 200164 (Ill. App. Ct. 2022). “uit court entered a written order that (1) dismissed Quentin’s second amended petition for modification “with prejudice,” (2) found that Quentin’s petition for modification filings had been “frivolous and repeated” and barred Quentin “from filing future Petitions to Modify the…”
In re Marriage of Burns, 2019 IL App (2d) 180715 (Ill. App. Ct. 2019). “5 of the Illinois Marriage and Dissolution of Marriage Act (Act) (750 ILCS 5/610.5 (West 2016)), August petitioned to modify the allocation of parental responsibilities and parenting time, alleging, in part, that his move to Indianapolis constituted a substantial change in…”
In re Marriage of Wendy L. D., 2017 IL App (1st) 160098 (Ill. App. Ct. 2017).
750 ILCS 5/610.5(e): 16 cases
In re Marriage of Vickers, 2022 IL App (5th) 200164 (Ill. App. Ct. 2022). “uit court entered a written order that (1) dismissed Quentin’s second amended petition for modification “with prejudice,” (2) found that Quentin’s petition for modification filings had been “frivolous and repeated” and barred Quentin “from filing future Petitions to Modify the…”
In re Marriage of Trapkus, 2022 IL App (3d) 190631 (Ill. App. Ct. 2022). “5 (750 ILCS 5/610.5 (West 2016)). Initially, section 610.”
In re Marriage of Wengielnik, 2020 IL App (3d) 180533 (Ill. App. Ct. 2020). “See 750 ILCS 5/610.5(e) (West 2016); see also id.”
In re Marriage of O'Hare, 2017 IL App (4th) 170091 (Ill. App. Ct. 2017). “1, 2016) (adding 750 ILCS 5/610.5). The amended section provides, in relevant part: “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)(2)] the…”
In re Marriage of O'Hare, 2017 IL App (4th) 170091 (Ill. App. Ct. 2017). “750 ILCS 5/610.5(e) (West Supp. 2015). “The fundamental goal of statutory construction is to ascertain and give effect to the legislature’s intent, best indicated by giving the statutory language its plain and ordinary meaning.”
750 ILCS 5/610.5(e)(1): 2 cases
In re Marriage of Taylor S., 2023 IL App (4th) 230520-U (Ill. App. Ct. 2023).
In re Marriage of Noyes, 2020 IL App (2d) 200007-U (Ill. App. Ct. 2020).
750 ILCS 5/610.5(e)(2): 10 cases
In re Marriage of Vickers, 2022 IL App (5th) 200164 (Ill. App. Ct. 2022). “uit court entered a written order that (1) dismissed Quentin’s second amended petition for modification “with prejudice,” (2) found that Quentin’s petition for modification filings had been “frivolous and repeated” and barred Quentin “from filing future Petitions to Modify the…”
In re Marriage of Trapkus, 2022 IL App (3d) 190631 (Ill. App. Ct. 2022). “5 (750 ILCS 5/610.5 (West 2016)). Initially, section 610.”
In re Marriage of Wengielnik, 2020 IL App (3d) 180533 (Ill. App. Ct. 2020). “See 750 ILCS 5/610.5(e) (West 2016); see also id.”
In re Marriage of O'Hare, 2017 IL App (4th) 170091 (Ill. App. Ct. 2017). “750 ILCS 5/610.5(e) (West Supp. 2015). “The fundamental goal of statutory construction is to ascertain and give effect to the legislature’s intent, best indicated by giving the statutory language its plain and ordinary meaning.”
In re Marriage of O'Hare, 2017 IL App (4th) 170091 (Ill. App. Ct. 2017). “1, 2016) (adding 750 ILCS 5/610.5). The amended section provides, in relevant part: “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)(2)] the…”
750 ILCS 5/610.5(f): 1 case
In re Marriage of Vickers, 2022 IL App (5th) 200164 (Ill. App. Ct. 2022). “uit court entered a written order that (1) dismissed Quentin’s second amended petition for modification “with prejudice,” (2) found that Quentin’s petition for modification filings had been “frivolous and repeated” and barred Quentin “from filing future Petitions to Modify the…”
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