How Do Child Custody Modifications Work in Illinois?

 Posted on September 12, 2024 in Child Custody

When you have children, things change, sometimes so rapidly that you can hardly keep up. Some of these changes require a custody modification and the only way to accomplish this is to file the paperwork and return to court, where a judge will determine the outcome of your request. After a long, drawn-out custody battle, the very thought of going back to court to make a change can leave you dreading the process. 

If you are facing such a change, you can benefit from speaking to an experienced Batavia, IL child custody lawyer from The Law Office of Matthew M. Williams, P.C.. While it may not be the most enjoyable thing you have done recently, if a modification is in the best interests of your child, it is worth it. Your attorney can guide you through the process, making it easier and more comfortable for you. 

How Often Can I Ask the Court for Custody Modification?

Custody is now known as the allocation of parental responsibilities and refers to which parent makes decisions for the child or if the decision-making is shared. The day-to-day issues of where the child lives or visits and which parent cares for the child are referred to as parenting time or placement. Courts generally avoid making changes so the child has stability in his or her life.

Illinois family courts separate the modification of custody before or after two years have passed since the original child custody agreement or the last modification. For issues that are less than two years from the last modification or the original court decision, the well-being of the child must be in serious jeopardy. If it has been more than two years, the court will hear a motion to modify child custody when there is a substantial change in circumstances.

What is Considered Serious Endangerment by the Courts?

If there is a serious risk to a child’s physical, mental, or emotional health, the court will hear a modification request even if the two-year time period has not passed. If a parent has a recently developed or worsening drug or alcohol problem, has married or is living with a sex offender, or is having a mental health crisis that prevents caring for the child, then these would be considered serious endangerment issues.   

What Qualifies as a Substantial Change in Circumstances?

There are many different issues that fall under "substantial change" when considering a child custody modification. If a child’s academic performance has declined because of a home situation or if a child has developed serious social problems as a result of one parent, these are considered substantial changes in circumstances. Other issues that would qualify include:

• A parent is beginning a new job that has a completely different schedule.  

• A parent has been diagnosed with a serious illness that will require significant amounts of treatment.

• A parent has either moved more than 25 miles away or is planning to move

• The child has developed psychological problems because of his or her environment.

• The child has developed a serious health condition or illness.

• The child was a baby when the original allocation of parental responsibilities was developed and is now starting school.

• The child has started a new after-school activity that takes up significant amounts of his or her time.

Custody and placement can be changed in some cases without a substantial change in circumstances. If the modification reflects a minor adjustment, an issue that has been present for at least six months, or if both parents agree to the modification, then there is no need to show a substantial change in circumstances.

Contact a Kane County, IL Custody Modification Attorney

Attorney Matthew M. Williams focuses on mediation and collaborative divorce to reduce his clients' costs and make the process easier and more amicable. When you choose an Aurora, IL custody modification from The Law Office of Matthew M. Williams, P.C., you can rest easy, knowing you have a strong advocate in your corner. Contact The Law Office of Matthew M. Williams, P.C. at 630-409-8184 to schedule an appointment.