When Should I File for Custody Modification?

 Posted on April 07, 2025 in Child Custody

If you are facing significant changes in life or having issues with your child’s placement, it could be time to consider a modification of custody. You may need an adjustment for many reasons, but every situation is unique and requires a close look at the details. The court considers every circumstance when determining what is best for your child. Therefore, having a strong, supported argument before you file is crucial. If you have questions about how filing a petition may benefit you, an Arlington Heights, IL attorney may be able to guide you toward the correct choice for your family.

Why Might You Need To Change a Custody Order?

A "substantial change in circumstances" is a broad way to explain when you might need to modify custody, but some common examples of changes that may warrant modification include:

• One parent needs to relocate a significant distance away.

• The child is struggling to perform well in school or during extracurricular activities.

• The child is developing or may develop psychological issues due to the current living situation.

• The child is experiencing social issues because of a parent.

• Either the child or a parent develops a serious health condition.

• A job change disrupts the parenting schedule.

If the court concludes that your circumstances have changed significantly enough since the previous custody, they will reevaluate the parenting plan to find a solution more suitable for the child. However, Illinois law states that you must wait two years from the date of the last judgment to request a modification. The exception to the two years is if your child’s moral, mental, or physical health is in danger.

Are There Exceptions to the Change in Circumstances Rule?

In specific situations, you may not need to prove a change in circumstances to get a custody modification. For example, if new evidence emerges proving that the initial custody order did not serve the child’s best interests, the court will likely reconsider. If both parents agree to a change, the court may allow it. However, bear in mind that the judge will only make the adjustments if it serves the child well, and changes to custody may also warrant changes in child support.

How Do You File for a Custody Modification in Illinois?

The first step in filing for changing a parental responsibilities order is to fill out the Motion to Modify Parental Responsibilities with detail and attach the original custody order to the form. Then, you will call the circuit court clerk to schedule your court date and location.

If it has been less than two years since the initial custody order, you will need to complete an affidavit explaining why you need to change the judgment so quickly. Changing a custody order is a nuanced process, which is why most people seek legal advice before taking the first step.

Contact an Arlington Heights, IL Parental Responsibilities Attorney Today

When considering a petition to modify a custody agreement, the court is very mindful of what is in the child’s best interest. Sometimes, the judge may choose to enforce the existing order rather than modify it. If you have questions about your right to file and how an experienced legal representative could help you, call 847-253-3100 to speak directly with a Rolling Meadows, IL child custody lawyer at the Law Offices of Donald J. Cosley today. Your initial consultation is free.