Although custody arrangements established by the court are intended to serve the child’s best interests, the court recognizes that circumstances can drastically change over time, necessitating modifications. Please continue reading as we explore when custody orders can be modified in Illinois and how a knowledgeable Morton Divorce Lawyer can assist you in safeguarding your child’s best interests.
Can Custody Arrangements Be Modified After the Divorce?
First and foremost, it’s crucial to understand that the court will not modify a custody order simply because one parent is unhappy with the arrangement. The party seeking the change must demonstrate to the court that there has been a “substantial change in circumstances” that necessitates a new custody arrangement and that the modification is in the child’s best interests. These changes can encompass a wide range of factors, including:
- Parental relocation
- Changes in the child’s needs or preferences
- Changes in a parent’s work schedule or income
- Changes in parental conduct
- Remarriage or new relationships
- Issues related to the child’s health or well-being
- Substance abuse, neglect, or domestic violence concerns
- A parent’s failure to comply with the existing custody order
It’s important to note that the court will carefully examine the evidence presented and determine whether the alleged changes are significant enough to warrant a modification of the custody order. Keep in mind that above all else, the court’s primary focus is preserving the child’s best interests and ensuring their continued well-being.
How Do I Seek a Modification?
To modify a custody order in Illinois, parents should first discuss the desired changes with each other without court involvement. In many cases, parents can reach a new agreement independently or with the help of a mediator. If parents can agree on the modifications, they can present a consent order to the court for approval.
When parents are unable to reach a mutual agreement regarding child custody, either party can file a petition with the court requesting a modification. As mentioned above, the parent seeking the modification must prove a substantial change in circumstances and that the requested change serves the child’s best interests. The judge will carefully examine your case to determine whether a modification is warranted and, if approved will issue a new court order outlining the terms of the new custody arrangement. You should note that a parent can seek a modification even if the other parent doesn’t agree with the proposed changes.
At Butler, Giraudo & Meister, P.C. we are prepared to effectively guide you through the process of modifying your custody order. Connect with our firm today to learn more about what we can do for you.
