When Can Child Custody Orders be Modified in Illinois?

Your original child custody orders may have served you well at the time the court handed them down, but times change. Illinois courts recognize that families’ needs change and that, as a result, child custody modifications are sometimes in order. Illinois courts are always invested in the best interests of the children involved, and all child custody modifications stem from this position. If you have questions or concerns about a child custody modification, an experienced Illinois child custody attorney is well-prepared to help.

Child Custody in Illinois

In Illinois, child custody is addressed in terms of both parental responsibilities and parenting time, and modifications can be sought in both arenas. It’s important to understand that – even if you and your ex are in complete agreement about the modification in question – you’ll need to make it official with the court. Failure to do so can leave you in contempt of court if your ex changes their mind down the road and cites you for not following court orders. If you are in agreement on the matter of a modification, the court is almost certain to fulfill your modification request.

The Timing of Your Modification  

Illinois courts will not hear child modification cases unless it’s been at least two years since the last agreement was made or since the last modification attempt was addressed. The only exceptions are cases in which the welfare of the children is in serious jeopardy. Otherwise, as long as two years have passed and there’s been a substantial change in circumstances, either parent can seek a child custody modification.   

A Substantial Change in Circumstances 

To obtain a child custody modification, you’ll need to demonstrate that there’s been a substantial change in circumstances that is relevant to your case and that modifying your child custody orders in response is in your children’s best interests. The kinds of events that qualify as substantial changes include:

• Either parent begins a new job that has a radically different schedule.
• One of the parents moves a significant distance away, which makes keeping up with the visitation schedule very difficult.
• One of the parents or one of the children has developed a serious health condition.
• The children’s schedules have changed considerably, which can include taking on a part-time job, traveling for extracurriculars, having a heavy school load, and beyond. 

Enforcement vs. Modification

Sometimes, the issue isn’t that a modification is needed but that one of the parents simply isn’t adhering to the court-ordered parenting time schedule. When this is the case, the court may take action to enforce the current orders, and if that does not resolve the issue, it may resort to a modification. 

Speak to an Experienced Illinois Child Custody Attorney Today

The practiced Chicago child custody attorneys at Arami Law, Inc., recognize the important role that a child custody modification can play in you and your children’s future, and we’re committed to skillfully advocating for a resolution that upholds your rights and works for you. Learn more by contacting us today.