How to Modify a Child Custody Agreement in Illinois

March 26, 2013

How to Modify a Child Custody Agreement in Illinois

Article provided by Fawell & Fawell, Ltd.
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Child custody can often be the most contentious issue between parents going through divorce or--at least--one of the most anxiety ridden events because parents want to spend as much time as possible with their children. In Illinois a child custody agreement can be updated or changed, but the ease of modification depends on the circumstances. A child custody order can be changed by agreement of the parents, or it can be changed when a substantial change has occurred.

Changing custody order by agreement

An agreement means both parents understand and agree to all proposed changes to the child custody order. Parents should understand how the changes will impact their parental rights, and the starting point to understand how parental rights may change is by reviewing the original child custody order. If a parent does not have a copy of his or her custody order, a copy can be obtained from the Circuit Clerk's office in the county where the case was heard.

A change in custody may mean that the child moves in with a different parent, visitation time changes, or questions about child-rearing are settled differently, among others. If parents agree to the proposed changes to the order, legal documents must still be filed with the court in order to ask the judge to change the order.

In order for the change to be legal, the judge must approve the agreement and grant the requested changes. Without a judge's approval, a parent acting under the changes may be in violation of the original order, subjecting him- or herself to legal penalties. A parent who is in agreement to change the child custody order can work with his or her attorney to fully understand how parental rights may change and to receive assistance in completing the required motion to modify custody.

Changing custody order when parents do not agree

A parent can also change a child custody order when both parents do not agree with the proposed change; however, certain conditions must be met. A child custody order can be changed if at least two years have passed since the date of the original order and at least one of the following changes has occurred and is necessary to serve the best interest of the child:
-A change in the circumstances of the custodial parent

-A change in the child's circumstances has occurred

-If the parents have joint custody, a change has occurred in the circumstances of either or both parent having custody

Some examples of circumstances that may qualify as actionable changes are when:
-A parent remarries

-A parent needs to relocate out of the immediate geographic area because of employment

-Parents with joint custody no longer agree on decisions regarding the child

-The child has new health concerns

-A parent has new health concerns

However, a parent may request a modification of visitation at any time if there is a change in circumstances. A parent may also change custody within two years of the original order if there is agreement between both parents. The events that create a change in circumstances must have occurred after the original custody order was entered. In addition, the parent who seeks the change to the custody order must demonstrate the change in circumstances, which is a high burden. An attorney can provide valuable assistance throughout the child custody modification process by explaining, protecting and enforcing a parent's rights.