Change of Custody: Can I modify the child custody arrangement?
Illinois courts favor consistency for children, and therefore, do not favor a change in prior custody judgments and agreements, unless necessary to serve the best interest of a child. In order to modify a prior custody judgment or agreement, you must file a Motion to Modify Custody. This motion can only be filed:
(1) Two years after the custody judgment date. A party filing such motion has to prove that:
(a) a change has occurred in the circumstances of the child or his custodian and
(b) the modification is necessary to serve the best interest of the child.
(2) If both parents agree to modify custody judgment. If both parents agree to modification of the custody judgment, they don’t have to wait until two years has passed from the date of the original custody judgment. The parents will have to file a Motion to Modify Custody Judgment in which they would state they both have agreed to such modification and that such modification is in the best interest of a child.
(3) If a child’s present environment may endanger seriously his physical, mental, moral, or emotional health. You can modify custody judgment before two years have passed since the date of the custody order, if a child’s present environment may seriously endanger his physical, mental, moral, or emotional health. In order to modify custody judgment based on child endangerment, you must file a Motion to Modify Custody Judgment and attach an Affidavit stating that there is a reason to believe that child’s present environment may endanger seriously his physical, mental, moral, or emotional health and describe reason for such belief.
The information on this site is not legal advice. Retain an attorney licensed in the state which has jurisdiction over your matter before taking any action which affects your legal issues, legal marital status or custody arrangements, and follow the advice of your retained lawyer.