Can I Change My Child Custody Order?

 Posted on April 03, 2023 in Child Custody

Divorced and unmarried parents who share custody may experience changes in their lives that require a modification of the child custody agreement. In Illinois, child custody is called the allocation of parental responsibilities. Parental responsibilities refer to decision-making authority regarding the child's education, religion, and other significant Issues in a child's life.

Changing the parenting time schedule, or the time that each parent has the child, is much easier than changing the allocation of parental responsibilities. Depending on your circumstances, you may need to petition the court to change parental responsibilities and provide evidence for why the change is immediately necessary.

How to Modify the Allocation of Parental Responsibilities

When it comes to divorce and child custody cases, Illinois courts are primarily interested in protecting the child's well-being. In order to promote stability in a child's life, the court limits when parents may change the allocation of parental responsibilities.

If more than two years have passed since you established or last modified your child custody order, you must show that there has been a substantial change of circumstances that justifies the modification. You must also show that the change is in the child's best interests. For example, you may need to change the allocation of parental responsibilities because the parent with the majority of the parental responsibilities suffered a serious illness or made a major change in their career. As long as there is a good reason for the modification and the modification is in the child's best interests, the court will generally allow the modification.

If it has been less than two years since you established your child custody agreement or last modified the agreement, modifying the allocation of parental responsibilities will be more complicated. Illinois courts do not want to disrupt the child's life unless it is absolutely necessary. Consequently, if it has been less than two years, you will need to show that a modification is needed because the current custody arrangements seriously endanger the child's mental, physical, or emotional health. For example, you may need to make changes to the allocation of parental responsibilities because a parent suffers from a serious substance abuse problem or mental health condition that endangers the child.

Contact our DuPage County Child Custody Lawyer

Divorced and unmarried parents who share custody may experience changes necessitating a modification of the custody arrangement. If you need to change the allocation of parental responsibilities, however, you may find that it is much more difficult than you anticipated. At Stock, Carlson & Asso. LLC, our Wheaton family law attorneys understand the complexities of Illinois child custody laws. We can represent you and help you pursue a custody arrangement that is in your child’s best interests.

Call 630-665-2500 for a confidential case assessment.

Source:

https://www.ilga.gov/legislation/ilcs/documents/075000050K610.5.htm