Child Custody Modification

 Posted on July 24, 2015 in Child Custody

When the court initially determines your child custody order, it does so with what it feels are your child's best interests in mind as specified in the Illinois Marriage and Dissolution of Marriage Act. These interests include educational resources, a stable household with adequate space for the child to live, his or her relationship with each family member, and any personal needs your child has. However, nothing in life is set in stone. As your child matures, his or her needs will change. Sometimes, this results in a child custody arrangement that is no longer appropriate for him or her and could potentially harm his or her relationship with each parent.

Sometimes, a change in a custody order is because of significantly changed circumstances, like a parent losing his or her home and having to move into a small apartment. Other times, it is because of an adolescent's desire to live with the other parent or see him or her more frequently. In any case, there are certain protocols that every family with a custody arrangement in place must take to change the custody schedule.

When Can I Change My Custody Agreement?

You can apply to have your custody agreement changed after it has been in place for at least two years. A custody order can only be modified within the first two years if a serious threat to the child's physical, mental, or emotional health emerges in his or her custodial home; for example, if the custodial parent marries a registered sex offender.

If both parents agree to the change to the custody order, they may seek it through a Joint Motion to Modify Custody. This must be filed with the county where the original custody order was signed, unless all parties have moved from that county. In this case, they may have to have the order transferred to the child or parent's current home county.

If one parent opposes the change to the custody order, the parent seeking the modification may petition to the court to have it changed on the basis of significantly changed circumstances. Generally, the court is in favor of keeping the child with the parent with whom he or she currently lives if the child appears to be thriving. Proving that significantly changed circumstances will affect the child's ability to continue to do well can be difficult and all of the burden of proof is on the parent seeking the modification.

Family Attorneys in Kane County

A custody arrangement created for a toddler cannot meet a preteen's needs. If you feel your current child custody arrangement is no longer appropriate for your child and his or her needs, contact Goostree Law Group to discuss your concerns with our skilled Kane County family attorneys during your free legal consultation with our firm. If it turns out that you have grounds to seek a change in your child custody arrangement, we can work with you and the court to put a new custody order in place.