Chicago Modification of Child Allocation Attorneys
Divorce is never easy, but it can be so much more complicated when children are involved. Child custody (allocation) is one of the most difficult issues to resolve in a divorce – and new issues can arise even after the final divorce decree has been entered. Life situations can change, and parents may need to ask the court to change custody orders accordingly.
It is possible to have child allocation modified in Illinois, but a family court judge may not agree to the change if less than two years have passed since the court entered a formal custody order. Normally, when you request a modification from the court, you must show the following:
- Two years or more have passed since the last custody order was signed; and
- There has been a change of circumstances for the child, the primary residential parent (the parent with residential custody), or the non-residential parent (the parent without residential custody).
If these conditions are met and both parents agree on the changes, the judge will likely grant them, provided he or she feels it is in the best interests of the child. On the other hand, if one parent wants to modify custody and the other does not agree, the parent requesting modification must prove by clear and convincing evidence that change has occurred since the original custody order was entered and the requested changes in parenting time or custody are in the best interests of the child.
If your custody order is less than two years old, the judge will not likely grant a request for modification unless the child is at risk in the existing situation. Illinois family courts make the best interests of the child their top priority, and they want to promote stability in children’s lives. To get a modification of child allocation when less than two years have passed since a custody order was entered, you will need to prove to the court that the child’s current environment may seriously endanger his or her physical, mental, emotional, or moral health. Usually, only emergencies qualify for modification within the first two years.
- To request a modification from the court, you must file a motion in the county where the original custody order was signed. If both parents agree to the change, you can file a joint motion.
- Along with the motion, you must file an affidavit that states under penalty of perjury that your situation meets the requirements for modification.
- The judge may order a formal custody evaluation.
- If the parents do not agree on the changes, hearings will be set, and attempts will be made to settle custody matters between them.
- The case will go to trial if the parties cannot settle the issues.
Custody of your child is a very important matter. The process of modifying parenting time or custody orders can be complicated. Having an experienced legal advocate by your side gives you a better chance of achieving the best possible outcome in your case.
At Nottage and Ward, LLP, we focus only on divorce and family law. Our Chicago family law attorneys can negotiate, litigate, and resolve complex custody issues. We excel in the art of communication, persuasion tactics, and pre-trial strategy, and we have the experience to anticipate every move. If you need to modify child allocation orders, call us at (312) 332-2915.
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Leslie has been the strongest representation I could ask for
Leslie has been the strongest representation I could ask for in a very complicated, emotional matter. She has continuously looked out for my best interest and the best interest of my son. She is always prompt in getting back to me and in keeping me well informed about my case.
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