Modify Child Custody in Illinois

Having issues with custody or placement of your children? If the other party isn’t open to making a change, it may be time to file a motion with the courts. It’s not easy to get a modification, but if it’s in the best interest of the child, it’s worth it.

Modifying Custody and Placement in Illinois

Child custody and placement can be modified when necessary. Custody (or parental responsibilities) refers to who has decision-making abilities over the child. Placement (or parenting time) is where the child is day-to-day and who takes care of them.

It is important for children to have stability in where they live, so the court tries not to change custody and placement once an order is set. And they only change it when it is in the child's best interests. They find the child’s best interest by looking at the custody and placement factors outlined in Illinois’s laws.

To change custody, you’ll need to file the correct paperwork and go through the court process.

Steps to Change a Custody Order

1. Get the current custody (parental responsibilities) order.
2. Fill out your custody modification forms.
   • Motion to Modify Parental Responsibilities
   • Notice of Motion
   • Affidavit
   • Child Support Forms (if relevant)
3. File your forms with your local county’s court.
4. Tell the other party about your petition and the upcoming court date through legal service.
5. Go to your hearing.
6. Prepare an allocation of parental responsibilities order outlining the change in custody and placement.

Even after you file the correct paperwork, the court will only change custody orders for certain reasons.

Download Forms to Modify Custody

Reasons to Change Custody

The court separates modifying custody into two time frames. The two time frames are before or after two years have passed since the last child custody agreement.

The reasons for changing custody differ depending on which time frame your case is in. The court will not hear a case of under two years if there isn’t serious endangerment of the child’s well-being.^[1]

But, if it has been over two years, the court will hear the case if there has been a substantial change in circumstances.

Serious Endangerment

The court will listen to a motion to modify custody even if it hasn’t been two years if there is serious endangerment to the child’s mental, moral, or physical health. They will also listen to a case if the current environment is going to significantly impair the child’s emotional development.

One example of this endangerment is if a parent moves in with or marries a sex offender.

A Change in Circumstances

To get a modification to custody after two years, you must show there has been a substantial change in circumstances and that the change would be in the best interests of the child. Some examples of a substantial change in circumstances include:

• A distinct decline in the child’s performance in school or extracurricular activities.
• The child developed social problems because of a parent.
• A parent starts a new job with a completely new schedule.
• The child gets a serious illness or health condition.
• The child is at risk of or has developed psychological problems due to their environment.
• The parent moves more than 25 miles away (or 50 miles in some counties).

If you want to know whether the court will view your situation as a substantial change in circumstances, speak with a family law attorney. Sterling Lawyers, LLC attorneys only practice family law, so we have seen many of these cases and know when the court will hear a case.

Exceptions to a Change in Circumstances

In some instances, custody and placement can be changed without needing to show a change in circumstances. These exceptions include:

• When the modification reflects a current situation that has been in place for at least six months.
• When the modification is a minor adjustment to the parenting plan or custody agreement.
• When there is new evidence that should have been present in the previous case proving the previous agreement was not in the child’s best interest.
• When both parties agree to the modification.^[2]

Enforcement vs. Modification of Custody and Placement

In some situations, the court will enforce the current custody order rather than modify it. One example of this is if a parent is not adhering to the current parenting plan. For example, they may be late picking up the child or not abiding by the parenting plan.

Rather than change the order, the court will enforce the one currently in place. If the problems worsen or continue, a modification could be possible.