Seeking a child custody modification after divorce

| Oct 26, 2020 | Spousal Support |

Children often feel the most overwhelmed when their parents marriages end. The law in Illinois says issues such as child custody and child support should always be considered in light of what is in the best interests of the children. Life changes and with those changes may come the need to modify child custody arrangements after a divorce. But a family court judge will want valid reasons before ordering to a custody modification.

There are some valid reasons for seeking a child custody modification. Those can include:

  • If the child is in immediate danger;
  • Domestic violence in the home; 
  • If a child has said he or she doesn’t want to remain in the home of the parent where there is danger.

A judge will also consider modifying a custody agreement if one parent is moving a far distance away from the area. Other reasons can include if one parent isn’t allowing the other parent to visit the child as per a custody agreement or a parenting plan order. If the parent with whom the child stays most of the time — a custodial parent — dies, a custody modification will be necessary. The court will need to ascertain whether custody will go to the noncustodial parent or to a third party. 

An Illinois divorce attorney is in the best position to offer guidance and advice regarding a child custody modification. The reasons for seeking such a modification are varied, but the reasons have to be valid under the law. Mediation or arbitration to sort out the custody issues might be tried first before litigation.

 

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