Illinois Lawyer Referrals and Legal Guidance
Modification After Custody Has Been Awarded
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Illinois courts take the finality of a custody decision seriously. In most (not all) circumstances, a final custody order can not be modified for a minimum of two years from the date it was entered. In other words, you can't keep on going back to court again and again until you get the result you were looking for. In general these decisions are supposed to be about the best interests of the child.
There is a strong legal presumption in favor of the existing custody arrangement. If a party wants to overcome the presumption, they must establish one of the following two facts:
- The parent that was awarded custody must be adjudicated unfit to retain custody.
- A change of circumstances since the entry of the previous custody order must be shown which directly affects the child.
The party seeking to modify custody must show that facts have changed since the prior judgment - that a change has occurred in the circumstances of the child or his custodian, or in the case of a joint custody arrangement that a change has occurred in the circumstances of the child or either or both parties having custody. The party must also show that the modification is necessary to serve the best interest of the child.
These two factors are necessary in order to receive a modification from the court. Even if both parents agree and move for modification, it is still necessary to prove these factors.
A lot of people assume that one parent automatically gets custody of the child. That is not the case and if there has never been a court order for custody or visitation you should do so as soon as possible. Even if it's an amicable situation, without a court order a verbal agreement is not enforceable.
If you . If you need legal representation, have any questions or would like to speak with an attorney,you can contact us.