Tag Archives: custody modification

Illinois family law attorney, moving child out of Illinois, child relocationFor various reasons, a custodial parent may wish to move with his or her child to another state. However, this could lead to a contested child custody dispute. When the non-custodial parent does not want the relocation to occur, the custodial parent must obtain a court order allowing the move to take place.

Best Interests of the Child

The first step when a custodial parent desires to move a minor child with them out of Illinois should be to notify the non-custodial parent with the date of relocation, the address of the intended residence, and the duration of relocation. If the non-custodial parent agrees to the move, and does so by signing the notice, then a court order may not be required; however, it is a good idea to have an agreed order entered. If the non-custodial parent does not agree to the move, then the custodial parent will bear the burden of proving in court that the relocation is in the best interests of the minor child.

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Illinois family law attorney, modifying child custodyFor numerous reasons, a parent may wish modify a child custody determination. While under most circumstances a modification of a child custody judgment is difficult to obtain, it is possible. Understanding the process of modifying a child custody judgment is important for parents who believe their child would benefit under a different custody plan.

Demonstrating Modification is Necessary

The court retains continuing jurisdiction to modify a child custody judgment. However, under most circumstances, modification of a child custody judgment will not be considered until after two years have passed since an original custody judgment is entered—it is believed that giving children the greatest amount of stability after a decision has been made is most beneficial for them. Under Illinois law, the only way a child custody judgment may be modified earlier than two years is if a court permits it on the basis of affidavits that there is reason to believe the child's present environment may endanger seriously his or her physical, mental, moral or emotional health.

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