Change of Custody
Change of Custody
In Illinois divorce cases, a judgment for child custody, child support, and visitation is based upon what the court perceives to be the best interest of the child. State law (750 ILCS 5/601) allows for a change or modification of a custody judgment when the order is no longer safe, practical, or workable in supporting the well being of the child. The attorneys at Mulyk, Laho, & Mack, LLC can help you petition the court for a modification to your original custody agreement. Our team of family law and divorce lawyers knows the provisions of child custody law, and is highly skilled in securing changes for clients in courtrooms throughout Chicago, DuPage, Kane and Will Counties.
Changing Child Custody in Illinois
Illinois courts vigorously enforce the appropriate implementation of and compliance with the custody orders it renders. Generally, these judgments cannot be changed for at least two years, unless there is present or eminent physical, emotional, moral, or mental danger to a child in the current living situation. Barring danger, the court may also make changes when one or both parents present valid circumstances that warrant an alteration.
One parent, both parents, Department of Children and Family Services, or another state child support agency may petition for a custody modification. Requests for change of custody may relate to:
- Recurring child custody disputes between parents, such as threatening or profane communication issues, supervision, discipline, other people in the home having a negative impact upon the child;
- Breaches in the terms of the custody order, such as visitation requirements;
- Healthcare, illness, or disability of a parent or child;
- Incarceration of a parent;
- Child living with a sex offender;
- Living circumstances that warrant an alteration in the order, such as remarriage, relocation or changes in residence or housing facilities;
- Death of a parent; or
- Military service duty.
If both parents want a custody order changed, they may present a joint parenting agreement to the court. If they disagree, one parent can file custody change petition with the court, serve the papers on the other parent, possibly attend mediation, and proceed to hearing for a determination by the court. Custody modification may require a change in the child support agreement as well.
Call (630) 852-1100 for Child Custody Representation
If your living circumstances warrant, or you see a threat to the safety and well-being of your child in a current custody arrangement, Mulyk, Laho, & Mack, LLC can help you reach the most fair and appropriate change of custody order. Our attorneys are able to assist you in the following manners:
- Evaluate every aspect of your existing order;
- Counsel you on the interaction with your ex-spouse;
- Explain your prospects for change;
- Formulate a strategy for custody modification;
- Complete the appropriate legal forms;
- Guide you through the change order requirements and process; and
- Prepare you for any required mediation and contested hearings.
Contact our office in Glen Ellyn, Illinois to set up an initial consultation. Let us protect your rights and the welfare of your child. Our experience has supported the successful resolution of change of custody orders for clients in DuPage County and throughout the surrounding suburban areas.