Life changes, and with those changes, existing custody orders may no longer fit your family’s circumstances. If you need to modify a custody order in Lombard, the process can feel overwhelming. However, Illinois law allows parents to request modifications under specific conditions. Whether the changes are due to relocation, new work schedules, or other significant factors, it’s important that you understand the process and how Illinois law applies to your case. Seeking legal guidance early in your case will make the process smoother while protecting your rights as a parent.

Under Illinois law, child custody (now referred to as “allocation of parental responsibilities”) and parenting time agreements can only be modified under certain circumstances. Courts in Illinois prioritize the best interests of the child when deciding whether a modification is necessary. Knowing how to approach the court with a request for modification and how to present your case effectively is crucial.

Understanding Custody Modification Laws In Illinois

The Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5) governs child custody and modifications. According to 750 ILCS 5/610.5, custody orders can be modified if there has been a significant change in circumstances since the original order was established. The court will only approve a modification if it serves the best interests of the child.

Common reasons for requesting a custody modification include:

• A parent’s relocation that affects the parenting schedule
• Changes in the child’s needs, such as medical or educational requirements
• A parent’s change in employment or financial stability
• Evidence of neglect or unsafe conditions in the current custody arrangement

Steps To Modify A Custody Order In Lombard

1. Assess The Need For Modification – The first step is determining whether your situation qualifies for a modification. Illinois courts require proof of a significant change in circumstances that affects the child’s well-being. This change must be substantial enough to warrant revisiting the custody arrangement.
2. File A Petition For Modification – Once you’ve identified the need for a modification. The petition must outline the reasons for the requested changes and how they align with the child’s best interests.
3. Serve The Other Parent – After filing the petition, the other parent must be formally served with notice of the request. This step ensures that both parties have the opportunity to present their case in court.
4. Provide Supporting Evidence – It’s crucial to provide evidence supporting your request. This evidence may include documentation of changes in circumstances, such as proof of relocation, financial records, or evidence of the child’s evolving needs.
5. Attend Mediation Or Court Hearings – Illinois courts often encourage mediation to resolve disputes amicably. However, if mediation doesn’t lead to an agreement, the case will proceed to a court hearing. During the hearing, both parents can present evidence and arguments, and the judge will make a decision based on the child’s best interests.

Factors Courts Consider When Modifying Custody Orders

When deciding whether to approve a custody modification, Illinois courts consider several factors, including:

• The wishes of the child, depending on their age and maturity
• The relationship between the child and each parent
• The child’s adjustment to their home, school, and community
• Each parent’s willingness to cooperate with the court’s orders
• The mental and physical health of all parties involved

These factors ensure that any changes to the custody arrangement prioritize the child’s stability and well-being.

While it is possible to file for a custody modification on your own, having an experienced attorney by your side is invaluable. The process of filing a modification of custody requires presenting a compelling case supported by evidence, which can be challenging without legal guidance. A skilled attorney can ensure that your petition is filed correctly, help you gather and present evidence, and advocate for your rights in court. This is particularly important if the other parent contests the modification.

Modify A Custody Order Frequently Asked Questions

Mediation is a process where both parents work with a neutral mediator to reach an agreement on custody changes. It allows for open communication and can help resolve disputes without the need for a court trial. If mediation is successful, the agreement is submitted to the court for approval.

What Happens If The Other Parent Contests The Modification?

If the other parent contests the modification, the case will likely proceed to a court hearing. Both parents will have the opportunity to present evidence and arguments, and the judge will decide based on the child’s best interests.

How Long Does The Custody Modification Process Take?

The timeline varies depending on the complexity of the case and whether the other parent agrees to the changes. Simple cases where both parents agree can be resolved in a few weeks, while contested cases may take several months.

What If My Child Wants To Change The Custody Arrangement?

If the child expresses a preference to change the custody arrangement, the court may consider their wishes, depending on their age and maturity. However, the final decision will always be based on the child’s best interests.

Contact Our Lombard Custody Modification Attorney For Your Free Consultation

If you need to modify a custody order in Lombard or anywhere in Chicagoland, our legal team at SBK Law Group is ready to help. Our firm understands the complexities of Illinois custody laws and will work with you to protect your rights and your child’s best interests. Whether your case involves a significant change in circumstances, relocation, or other factors, we are committed to providing the guidance you need.

To discuss your specific custody concerns, please contact our Lombard custody modification attorney at SBK Law Group by calling 630-427-4407 to receive your free consultation. Let us help you achieve the outcome your family deserves.