There must be new or previously unknown facts in play to justify a change. The child's preference for a change of custody will not, by itself, constitute a sufficient cause for modification.
Illinois child custody: Relocating with children after a divorce
A showing that the child's functioning has deteriorated, or is at risk for deterioration, may support a change if the child's problems are shown to be the result of the present custodial environment. When substantial changes have occurred in the circumstances of the child or custodian indicating that adverse effects to the child are likely and custody modification is necessary for his or her best interests, the ill effects of the changed circumstances need not manifest themselves before a court can alter custody.
The likelihood of harm must, however, be established.
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Death of the custodial parent is a significant change in circumstances that would require custody modification. Upon the death of the custodial parent, the traditional rule is that the other parent gains legal custody of the child.
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Incarceration of a parent is also a material change of circumstances giving rise to custody modification. An incarcerated parent may make emergency arrangements for the child's immediate care, but cannot dictate that a third party continue to act as custodian for the child for the duration of his or her incarceration, defeating the noncustodial parent's right to petition for a change of custody. It depends on whether the parent's behavior affects the child. Indulgence in "moral indiscretions" alone is not grounds for a change of custody if the children are leading a normal life.
If the actions of a custodial parent seriously endanger the mental or emotional health of the child, however, a change in custody may be called for. Illinois law forbids courts from considering a parent's conduct in awarding custody unless that conduct affects the parent's relationship with the child.
The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. The attorney listings on this site are paid attorney advertising.
What Do You Do When Custody is Gone: The New Illinois Divorce Law | OurFamilyWizard
In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Child Custody Child Support. Alimony Divorce and Property. Market Your Law Firm. Lawyer Directory. Search Term. An Illinois lawyer answers common questions about child custody.
When does an Illinois court have jurisdiction to decide a child's custody?
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Illinois has jurisdiction to hear a child custody case if: The child has lived in Illinois for at least the last six months or since birth, if the child is not yet six months old. The child lives out of state, but lived in Illinois within the past six months and one of the child's parents still lives in the state. No other state is the child's home state or the child's home state has declined to exercise jurisdiction in deference to Illinois , and either 1 the child and at least one parent have significant connections with Illinois, and 2 substantial evidence exists in Illinois concerning the child's care, protection, training, and personal relationships.
What factors are to considered in awarding custody?
Armed Forces who is being deployed. What types of custody arrangements are available? A court can award joint custody to both parents or sole custody to either. Does Illinois law favor joint custody arrangements? Must a mother be declared unfit before a father will be awarded custody? Do children have any say in custody decisions? How important is the status quo in a court's custody decision? Are siblings always kept together, or will a court split custody? What impact does a parent's psychological problems have on the custody decision? What impact does a parent's new spouse, live-in companion, or other person sharing the home have on a custody decision?
If your child has been taken internationally in violation of these steps, Schaffer Family Law, Ltd. From our Naperville offices, we represent clients throughout Illinois, across the nation and around the world. If you plan to travel abroad with your children, contact us today. Call our office at to set up a consultation.
- How to Get Sole Child Custody in Illinois.
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Schaffer Family Law, Ltd. When you are ready to discuss your family law matter with an experienced lawyer, we are here for you. Call us today at or contact us online to arrange your initial consultation. All Rights Reserved. Your child must have a valid passport. If parents in Illinois are awarded joint custody, the parents must sign a Joint Parenting Agreement , which explains each parent's rights and responsibilities for the care of the child. A Joint Parenting Agreement will also have a mediation clause, which orders parents to mediate all disputes with regards to the joint custody arrangement.
Illinois Child Custody Laws and Visitation Rights
In Illinois, child custody may not be modified until at least two years after the original custody order, unless the court believes that the current custody arrangement will endanger the child's physical, mental, moral, or emotional health. For more information about child custody in Illinois, please refer to the Illinois child custody laws or speak with a qualified attorney in Illinois. Parent's wishes Child's wishes - a judge may interview the child in private Child's relationship with the parents Child's adjustment to home, school, and community Mental and physical health of all involved parties History of domestic violence or threats of violence against a child or another party Willingness of each parent to encourage a relationship with the other parent Whether either parent is a sex offender Whether either parent is an active military service member Witness testimony - a court may order a third party evaluation.