Can child custody agreements be modified?

We often discuss the many important matters that must be decided during a divorce. From dividing marital assets to deciding child custody and support issues, ideally the culmination of the divorce process means that both parties walk away with clear and established assets, custody rights and child support expectations. Except this isn’t always the case.

For parents, concerns and fears related to child custody issues are often plentiful. While in theory, the signing of a divorce decree should bring an end to months of uncertainty and possible feuding, some divorced parents may be unhappy with the outcome of a child custody agreement. For parents who choose to take future legal action with regard to modifying or changing the terms of child custody and visitation, it’s important to seek legal advice and assistance.

Prior substance abuse problems, financial difficulties and relocation to another state are just a few of the reasons why a parent may choose to seek a modification in child custody. Barring extenuating  circumstances, in Illinois a modification of custody can only be sought if two years have elapsed since the last order was entered. It may also be difficult to obtain a child custody modification at all as the courts aim to provide a child with stability.

Therefore, a parent who wishes to change the terms of a custody agreement must be able to prove that doing so would be in a child’s best interests. Additionally, the courts typically only grant any type of modification in cases where new and compelling evidence is presented. Due to the high burden of proof placed upon the parent seeking a custody modification, it’s wise to seek the assistance of a divorce and family law attorney who has previously successfully handled these types of cases. 

Source: American Academy of Matrimonial Lawyers, “Child Custody Issues,” April, 8, 2015

Read Our

Recent Blogs

How Can I Best Prepare for My Divorce?

For many people, a divorce is the most complex legal matter they will ever have to face, which is why if you are about…

Read More
Can My Spouse Take My Retirement In An Illinois Divorce?

The division of assets is one of the most complicated yet important steps of the divorce process. This is when a married couple's shared…

Read More
Can A Property Division Agreement Be Changed After A Divorce Is Finalized?

Divorce can be stressful because there are many different considerations that need to be made throughout the legal proceedings. Various aspects of a person's…

Read More

Contact Us Today!

  • This field is for validation purposes and should be left unchanged.