Can You Modify Your Illinois Child Custody Agreement?

 Posted on July 26, 2024 in Child Custody

When parents divorce or separate, they must establish a parenting plan. This plan includes parental responsibilities (formerly known as custody) and parenting time (visitation) agreements. Your plan will also assign decision-making rights to each parent for major decisions involving healthcare, education, religion, and extracurricular activities. In many cases, these decision-making rights are shared equally between parents; however, sometimes, only one parent has these rights.

Illinois courts must approve proposed parenting plans, transforming them into binding legal documents. Although these plans are permanent, circumstances that affect the best interests of the child can change. You may need to request a modification of your parenting plan. Our skilled DuPage County, IL child custody lawyers can help.

When Can You Seek a Modification Order?

Illinois law prevents parents from modifying their parenting plan for two years after the court approves the initial final order in most cases. If there are specific issues that threaten your child’s emotional, physical, or psychological well-being, you might be able to request a modification before the two-year limit. You will need evidence that shows extenuating circumstances, such as:

• Child abuse or neglect, including sexual abuse

• One parent being incarcerated or otherwise no longer able to care for your child

• Harmful effects of the child’s living situation, such as declining academic performance, social problems, and engaging in risky behaviors

You must prove to the court that your current custody order endangers your child’s welfare. If there is a clear and present danger to your child, you may be able to obtain an emergency modification. Grounds for an emergency custody order include leaving young children unsupervised, withholding necessary medications, taking your child across state lines to prevent you from having access to him or her, and regular exposure to a dangerous person through a new parental relationship.

When considering your case, the court will focus on the best interests of your children. It is not enough to accuse the other parent of wrongdoing. Your parental responsibilities attorney can explain the kinds of evidence you need.

After the Two-Year Limitation

There is no way to predict all the changes that may affect you, your children, and your ex. Illinois courts acknowledge this fact and allow parents to request parental responsibility modifications if they have grounds. These grounds typically reflect a significant change in circumstances and may include:

• Parental relocation

• Developing instability due to a parent’s physical health, drastic income changes, and mental health issues

• Remarriage

• Significant unforeseen expenses

• Changing needs of the child

• Parenting plan violations

• The child’s preferences, depending on factors like their age

Although parents should be flexible, they should not alter a parenting plan outside the courts. If both parents agree to changes and initiate them on their own, you should still request a formal modification order. In many cases, courts will approve these agreed modifications as long as they reflect the best interests of the child.

Request Your Free Consultation With a Wheaton, IL Parental Responsibilities Lawyer

Whether you need to ask for an emergency modification or one dictated by changes in circumstance, an experienced lawyer can help you protect your child’s and your own best interests. As a former Assistant State’s Attorney in DuPage County, Dion Davi understands what courts consider in order modification requests. Call Davi Law Group today at 630-657-5052 to schedule your free consultation with a DuPage County, IL parental responsibilities attorney.