When should you request a modification of custody orders?

 Posted on December 30, 2021 in Child Custody

Orders issued by the court around parental allocation time and responsibility are not permanent. Recent developments may warrant a change or revision of the current custodial arrangement to suit the current times. However, such changes or modifications must be based on the child’s best interests.

Just because you disagree with how your co-parent is raising your child does not mean that you should go ahead and request a modification of the custodial orders. Is the child’s welfare at risk? Is your co-parent denying you visitation rights, or are they alienating your child from you? If the answer is yes to any of these questions, |the court can modify the current custody orders.

You need to prove your claims

If you think the current custodial orders need to be revised to accommodate the child’s best interests, then it is up to you to provide supporting evidence to back your claims. Most likely, your co-parent will counter your claims which is why you need to come prepared.

Evidence showing abuse or neglect of the child, the use of drugs by your co-parent or actions by the other parent that interfere with your court-granted visitation orders without any valid reasons could be deemed reasonable by the court.

What solutions can the court offer?

Under Illinois law, the court may grant you full custody, restrain the other parent’s communication with the child or have them undergo a rehabilitation program if they have a drug problem depending on the circumstances.

Protect your child’s welfare

While it may seem a complicated process, it’s in your best interests, and your child’s too, to modify the existing custody orders if you deem it necessary. Knowing the steps to take will ensure their future is secure and that your role as their parent is not interfered with.