SCHEDULE AN APPOINTMENT 815-730-8860 HOME PROFILES FAMILY LAW DIVORCE CRIMINAL DEFENSE REVIEWS BLOG CONTACT CHILD CUSTODY MODIFICATIONS HomePractice AreasFamily LawChild CustodyChild Custody Modifications Child Custody Modifications Attorney Although child custody arrangements are almost always set in stone, they can be modified in certain situations. Unfortunately, the process of having a custody award modified is often difficult, so if you are thinking about relocating or want to spend more time with your child, it is important to speak with an experienced child custody attorney who can help you decide what to do next. Modification by Agreement Parents who agree that a custody arrangement should be modified are often able to avoid the lengthy court hearings that would otherwise be required. However, even if parents come to an out-of-court agreement about a change in visitation or another custody-related matter, they must still file legal documents with the court reflecting the change, as it is only after a judge has approved the agreement that the new arrangement will officially go into effect. Those who fail to take this step risk violating a court order, which can have serious consequences. Motion for Modification When a child’s parents do not agree that a child custody arrangement should be modified, they must present the matter to a family law court. However, even in these situations, certain modifications cannot be made until at least two years have passed since the original filing. The only exceptions to this rule are when both parents agree to the modifications or there is evidence that the child’s present environment could seriously endanger his or her physical, emotional, or mental health. In most cases, only an emergency situation will qualify for modification when a custody order is less than two years old. If, on the other hand, two years have passed since the custody arrangement was ordered, the party seeking modification must then demonstrate that: He or she has undergone a substantial change in circumstances; and Modification would be in the child’s best interests. Changes in circumstances that usually qualify as substantial enough to justify a modification of a custody order include a parent’s remarriage, one party’s need to relocate for employment reasons, or a parent’s health concerns. However, even in these cases a judge will only grant a modification if the petitioning party can provide clear and convincing evidence that doing so is in the child’s best interests, which is the court’s primary concern. This often requires the submission of official affidavits, as well as witness testimony. Although many judges try to avoid the stresses of a full trial when deciding a modification issue, it could be necessary if status hearings are insufficient. Call Today to Speak with an Experienced Child Custody Lawyer Issues related to child custody are some of the most difficult legal matters to resolve, especially when a child’s parents do not agree on what is best for their child. In these cases, having the advice of an attorney who can advocate on your behalf can be crucial to the outcome of a case, so if you believe that your custody arrangement should be modified or that modification would not be in your child’s best interests, please contact Sabuco Beck, P.C. at (815) 730-8860 to speak with an experienced child custody lawyer who can evaluate your case. PRACTICE AREAS Family Law FAMILY LAW Criminal Law CRIMINAL LAW AWARDS & ASSOCIATIONS CLIENT REVIEWS See the difference family makes at Sabuco Beck, P.C. ATTORNEY PROFILES Guiding You Towards A Brighter Future. Learn More About Our Attorneys Below Contact Us Today Fill in the form below and we will get back to you as soon as possible. Please confirm you are not a robot. Joliet Office 950 Essington Road Suite B Joliet, IL 60435 Phone : (815) 730-8860 Fax : (815) 730-8865 GET DIRECTIONS Minooka Office 500 Bob Blair Road Minooka, IL 60447 Phone : (815) 467-0270 Fax : (815) 467-0271 GET DIRECTIONS HOME ATTORNEY PROFILES PRACTICE AREAS BLOG CONTACT US Sabuco Beck, P.C. | Copyright © 2021. All rights reserved. | NUVEW | Accessibility Notice | Privacy Policy FacebookTwitterGoogle Attorney Advertising. This information is designed for general information only. The information presented should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Past results and testimonials are not a guarantee, warranty, or prediction of the outcome of your case, and should not be construed as such. Past results cannot guarantee future performance. Any result in a single case is not meant to create an expectation of similar results in future matters because each case involves many different factors, therefore, results will differ on a case-by-case basis. By providing certain contact information herein, you are expressly authorizing the recipient of this message to contact you via the methods of communication provided.