Steps for Modifying Child Custody Arrangements in Illinois

The child custody orders handed down to you originally by the court may have worked very well for you and your children at the time – or were at least based on current circumstances and the court’s interpretation of your children’s best interests. As time marches forward, however, your child custody orders may no longer be hitting their marks, and a child custody modification may be in order. If this is the situation you find yourself in, it’s time to discuss the steps forward toward modification with an experienced Illinois child custody attorney.

Child Custody in Illinois

An important point to make is that what you think of as your child custody arrangements are actually called parental responsibilities (legal custody) and parenting time (physical custody) in the State of Illinois. If you hear these terms, there’s no need to be alarmed or confused – the terms have changed, but the meanings have not. Many parents in the state continue to use the term child custody, so you are not alone. 

If You and Your Ex Are in Complete Agreement

If you and your children’s other parent are in perfect agreement about the child custody modifications you need, that is an excellent position to be in, but it is still important to make your modifications official with the court. If you are both in agreement, the court will very likely sign off on your modification (as long as it is in keeping with the best interests of your children). The fact is that the orders handed down by the court remain active until they are officially modified. This means that if a conflict does arise regarding your child custody arrangements in the future and you are not in compliance with the original orders, you can be deemed non-compliant – even if you are adhering exactly to the modifications that you and your ex made between yourselves. 

Requirements for Modification

In order to request a child custody modification, it is generally necessary that one of the following be true:

• If at least two years have passed since the last custody order was signed, you must be able to demonstrate that there has been a meaningful change in your circumstances.
• If at least two years have passed and you are alone in your modification request, you must be able to demonstrate that the modification is in the best interests of your children.
• If it has been less than two years since your orders were signed, you will face the more significant burden of having to demonstrate that your current child custody arrangements have the potential to harm your children physically, mentally, and/or emotionally. 

Seek the Professional Legal Counsel of an Experienced Illinois Child Custody Attorney

Child custody modifications are important concerns that also tend to be quite complicated. If it’s time for a modification, the dedicated Illinois child custody attorneys at Demetrios N. Dalmares & Associates, Ltd., have a wealth of experience successfully helping clients like you, and we’re here for you, too. To schedule your free consultation, please don’t hesitate to contact us today.