Yes, it may be possible to modify a visitation or child custody order in the State of Illinois. These types of orders are typically issued when parents in the state have a child together but are not in a relationship, divorce, or legally separate.
In some situations, a child’s parent may need to make a change to the existing visitation or child custody order. There can be many different reasons that parents may want to change their custody or visitation order in Illinois, such as:
- A parent thinks their child may be in danger
- One parent wants to move out of the state
- One or both parents are not following the current order
- The child’s custodial parent has passed away or is incarcerated
A court will permit changes to be made to visitation and child custody orders in some cases. In Illinois, similar to other states, orders can be modified when the current order does not work for the parties involved or they are not able to follow it.
When a parent has a valid reason to ask for a modification of their order, they can petition the court according to the requirements of Illinois laws. If an individual wants more information about the requirements to modify an order in their area, they should have a legal consultation with a local attorney in Illinois.
When Can You Modify a Custody or Visitation Order?
Courts in every state will use the child’s best interest standard when they make any type of child custody decisions. As noted above, a parent will need a reason to request a change to the existing order.
There are several things that may be considered proper grounds for modifying visitation and custody order, which may include changes in the circumstances in a parent’s life, for example, getting a new job. Other grounds may include changes in the needs of the child, such as educational needs or medical needs.
Modifications may also be required if a parent is not following the requirements of the other, such as not attending scheduled visits. When this happens, the court may deem that it is no longer in the child’s best interests for that parent to have visitation rights.
Another example of grounds for modifying visitation or custody orders is child abuse. The court will consider this to be a very serious issue as well as an immediate danger to the well-being of the child.
Modifications can also be made when a parent has recovered from an issue, for example, a substance abuse problem, who would like to become more involved in their child’s life. When the parent can show their successful recovery, a court is likely to award them increased rights.
How to File a Petition for Modification of Child Custody or Visitation Order
When a child’s parent wants to make a modification to their current visitation or child custody order, they will have to file a petition with the proper court. Motions for modification typically include information, such as:
- The names and addresses of both parents
- A copy of the current visitation or custody order
- The reasons the parent is seeking the modification
- The proposed modifications to the order
It is important to be aware that there is usually a filing fee for these motions, which may vary by jurisdiction. A court can also require other forms to be attached.
When a parent has a lawyer, their lawyer will prepare the motion and file it, ensuring that everything is handled correctly and all necessary requirements are met. The court may schedule a hearing so both of the parents can present their arguments for or against the modification and make a determination based on whether a modification is in the best interests of the child.
The court may require the child’s parents to attend mediation prior to this hearing to try and help them come to an agreement. Family mediation can help parents reach an agreement that works for their unique and specific situations.
Mediation is a process handled outside of the courtroom by a mediator, who is a neutral third party. Mediators help the parties consider different ways to compromise and do not advocate for either party.
A modification request may be granted, denied, or modified in another way that the court determines is in the best interests of the child. When parents are able to come to an agreement outside of a courtroom, their lawyer will put it into writing and submit it to the court.
How Long Does It Take To Get a Modification?
The length of time it takes to get a modification can vary depending on several factors. Generally, however, it will take between several weeks to several months.
Examples of factors that can affect the length of time it will take to get child custody modifications may include, but are not limited to:
- How full the court’s calendar is
- If the parents cooperate to quickly resolve the issues
- How complex the requested changes are, as the court may need more evidence or time to consider the issues
What Are Temporary Child Custody Modifications?
Temporary child custody modifications are short-term changes to existing visitation or child custody orders. These types of modifications can help resolve short-term issues, for example, if a parent is hospitalized.
Temporary modifications may help with different issues, such as:
- A parent being incarcerated
- A parent having a new job schedule
- Financial difficulties of a parent
- Health or safety concerns for the child
- A parent becoming hospitalized
- A parent being deployed
- A parent having health issues
Usually, when temporary modifications are applied, the date or event when the original order goes back into effect will be included. When allegations of child abuse occur, temporary orders may be issued in order to remove the child from the home until the issue can be resolved.
Do I Need a Lawyer To Modify a Child Custody or Visitation Order?
When you are a parent in Illinois who needs to modify your current visitation or child custody order, it is important to reach out to an Illinois child custody lawyer. Your lawyer will assist you during the process, preparing and submitting your motion and ensuring that your parental rights remain protected.
Having a lawyer handle your modification issue will help ensure that you provide a convincing argument to the court that your request will be in your child’s best interests. It will also help ease some of the stress associated with trying to resolve issues that involve your child.
If you have to attend a hearing or participate in mediation, your lawyer will represent you. It may seem overwhelming to choose a child custody lawyer, but LegalMatch can help.
LegalMatch provides a free attorney matching service that you can use to find a lawyer near you in around 15 minutes. When you submit your question or concern, you will get responses from member attorneys in around 24 hours, who will be able to assist you.
The responses you receive will contain helpful information so you can determine which lawyer will best fit your needs, as they will include information on the lawyer’s fee arrangements, background, and reviews from other clients. Use LegalMatch’s no cost service to help find your lawyer today.
