Can I Revoke Custody if My Co-Parent Isn't Actually Spending Time with Our Child?

 Posted on February 19, 2026 in Child Custody

When you share custody with your ex-partner, it's fair to expect that both of you will use your designated time to bond with your child. But what happens when your co-parent consistently skips visits or cancels plans? Or, what if your child comes home with reports that their other parent is hardly ever around when the child is at their house?

If your co-parent is not actually using their parenting time to parent, you may want to know if you can have that time instead. An Addison family law attorney can help you understand your options.

Are There Any Laws in Illinois About How Parenting Time Must Be Used?

Not in a general sense, but Illinois law does expect parents to act in their child's best interests. Parents have both rights and responsibilities when it comes to parenting time.

The law assumes that maintaining a relationship with both parents benefits the child. This is why courts are hesitant to end parenting time completely. However, law 750 ILCS 5/610.5 gives courts the power to change custody arrangements when there has been a large change in the circumstances that affects the child's wellbeing.

Can the Court Actually Revoke or Reduce My Co-Parent's Custody?

Yes, but the process is not automatic. In 2026, judges have several options when a parent is not actively parenting.

The court might reduce the absent parent's parenting time rather than eliminating it completely. This gives the parent a chance to fix their relationship with the child while protecting the child from further disappointment.

In more serious cases, the court can end the absent parent's custody rights entirely and award you sole custody. This usually happens only when the absent parent has shown they are completely uninterested in the child's life for an extended period.

What Evidence Do I Need to Show the Court That My Co-Parent Isn't Using Custody Time?

Strong evidence is critical for custody modification cases. Keep detailed records of:

• Dates and times when your co-parent was supposed to have the child
• Missed visits, late arrivals, or early returns
• Text messages, emails, or voicemails showing cancelled or rescheduled visits
• A record of times that your child has reported their other parent to be gone while at their house.
• Your child's reactions to missed visits or inconsistent parenting
• Any attempts you made to encourage the other parent to spend time with your child
• Any behavioral changes in your child that show they have anxiety or sadness about visiting their other parent

Illinois courts prefer that parents work together when possible. Judges may order mediation and have parents try to work things out with the help of a neutral professional before making custody changes. However, if one parent consistently will not take part in their child's life, the court will focus on the child's needs over the absent parent's rights.

What Should I Consider Before Filing for Custody Modification?

Think about why you want to do it. Ask yourself whether you want this change because it truly benefits your child or because you are frustrated with your co-parent.

Consider temporary difficulties like job loss, illness, or mental health struggles that your co-parent might be dealing with. These issues don't excuse their behavior, but they might affect how the court views the situation.

Also, decide what your end goals are. If you want your child to have a relationship with their other parent, trying to cut out their custody time completely might not be the best long-term answer.

Call a Lombard Family Law Attorney Today

If your co-parent is not spending meaningful time with your child, you need guidance from someone who understands Illinois family law and will support you through the modification process.

At The Law Offices of Robert F. Kramer, Ltd., our accomplished trial and appellate lawyers bring over 40 years of experience to family law cases. We understand how emotionally challenging custody disputes can be, and we will hold your hand and guide you through every step. Our team of two experienced lawyers is committed to fighting for your child's best interests. Call an Addison child custody lawyer at 630-785-2400 today for your free 30-minute consultation.