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Understanding child custody order modifications in Illinois

On Behalf of | May 22, 2023 | Divorce |

In the state of Illinois, the courts prioritize the best interests of the child in all matters related to child custody. At times, circumstances change, and the original custody order might no longer serve the child’s best interest. It is important to know that the state allows for modifications to these orders under certain conditions.

The modification of a child custody order is a serious matter. The courts understand that consistency and stability are crucial for a child’s well-being. Therefore, any request for a change must meet specific criteria and go through a formal legal process.

Conditions for a custody order modification

Under Illinois law, there is a possibility for custody order modification if there is a significant change in circumstances. This could include changes in the child’s needs, relocation of a parent or changes in a parent’s ability to care for the child. It is crucial to remember that the court will always prioritize what they consider to be in the best interests of the child.

Requesting a change to the custody order

To request a change, a parent must file a motion for modification with the court that issued the initial custody order. The motion should detail the significant change in circumstances and explain why the requested modification is in the child’s best interest. After filing the motion, the court will schedule a hearing to review the case.

The court hearing

During the hearing, the parent requesting the change will present evidence to support their claim of a significant change in circumstances. This could include testimony from individuals familiar with the child’s situation, such as teachers, doctors or family members. If the court agrees that a significant change has occurred and that the modification is in the best interest of the child, they may approve the requested change.

Significant changes in circumstances must exist, and the modification must serve the best interests of the child. Parents considering this step should prepare to provide substantial evidence to support their request in a court hearing.