How Can I Get My Illinois Child Custody Order Changed?

 Posted on August 30, 2024 in Child Custody / Allocation of Parental Responsibilities

When parents split up, any conflict or acrimony between the two can often spill over into their co-parenting relationship. Even long after the court has issued its final custody decree, parents may still disagree over even some of the most basic issues concerning their child.

However, there are situations where one parent may have a legitimate reason to worry about their child's safety when they are with the other parent. Unfortunately, that parent cannot just decide on their own to stop the child’s parenting time with the other parent. If you find yourself in this situation, it is important to speak with an Illinois family lawyer to determine your legal options.

How Illinois Law Views Child Custody

Several years ago, there was a major overhaul of Illinois family law statutes by lawmakers. One of those changes involved how child custody is viewed. Instead of referring to this issue as "child custody," the court now refers to it as the "allocation of parental responsibilities," which refers to significant decision-making for the child and "parenting time," which replaces the term "visitation."

The court makes these decisions based on what is in the best interest of the child. In most cases, Illinois family court judges allow parenting time for both parents unless there is an issue that would cause physical, emotional, or moral harm to the child if a parent was granted parenting time. However, it is up to the court to make that decision, not the concerned parent, and it is based on evidence presented during the petition process.

Once the court has issued its decision, the order cannot be changed for at least two years, and typically, it will only be changed if a parent presents evidence justifying the change.

Grounds for Modification

To have a parenting time schedule and allocation of parental responsibilities changed, the first thing a parent should do is speak with a family law attorney who can determine if grounds exist for a modification. Some of the factors that can lead to changes include:

• One parent has suffered significant financial losses and cannot adequately meet the child’s needs.

• One parent is suffering from a serious illness or disability and is unable to care for the child.

• The child is suffering from an illness or disability that requires a different living arrangement.

• One parent is planning on moving out of state.

• One parent has remarried, changing the child’s living situation dynamics.

• One parent's work schedule has significantly changed, impacting the amount of time they are able to spend with the child.

• There has been a significant decline in the child’s school performance.

In some situations, a parent may be able to file for a custody modification under an emergency situation, including:

• The parent believes the child is being abused by the other parent or someone who resides in their home.

• The other parent is placing the child in danger by their actions, such as abusing alcohol or other substances when the child is in their care.

Contact a Kane County, IL Family Lawyer for Legal Assistance

If you believe your child is in an unsafe environment when they are with their other parent, do not delay in contacting Shaw Sanders, P.C. to find out what legal steps you can take to remove your child from this situation. Call 630-584-5550 to schedule a free consultation with one of our dedicated St. Charles, IL custody attorneys today. Our firm will aggressively fight to make sure your child is protected.