Ryan Family Law, P.C.
Ryan Family Law, P.C.

Elgin, Illinois

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Modifying child custody orders in Illinois

Usually, courts grant custody orders based on the child’s best interests. However, if you believe that circumstances have changed and your child’s welfare is at stake, you may file a request to modify the existing custody orders. The court will then issue new orders in light of the present conditions.

Several reasons may warrant a revision of custody orders. They include:

  • Instances of parental alienation
  • Drug abuse by your co-parent
  • Violence or abuse on the child
  • Continuous violations of existing custody orders by your co-parent
  • Incarceration and abandonment, among others

All these instances can negatively affect your child, and the court may consider your request for a modification.

You may need to provide evidence

In most cases, it’s your word against your spouse’s when it comes to modifying child custody orders. Therefore, it is necessary to support your claims with the proper evidence. For instance, if your co-parent is constantly violating the custody orders by, say, denying you visitation rights, you may want to keep communication records such as texts or emails to prove that.

Keep in mind that the court will only modify existing orders if the reasons are valid. The importance of having such evidence cannot be overstated.

Protect your child’s welfare

While Illinois law states that you cannot apply for a modification of custody orders within two years after they were issued, the rule is not cast in stone. As long as your child is at risk of emotional or physical harm or their best interests are not being served under the current arrangement, you can have the courts modify the custody order even before the two years.

Learning more about what the law says will safeguard your parental rights and ensure your child is raised in the best environment necessary for their growth and development.

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